State Of Chhattisgarh v. Jhamesh

CRMP No. 2131 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 2131 of 2019 • State Of Chhattisgarh Through Station House Officer, Police Station Gariyaband, District Gariyaband Chhattisgarh. ---- Applicant

Versus

• Jhamesh S/o Shri Asharam Dhruw Aged About 20 Years R/o Village Hardi Shyamnagar, Police Station And District Gariyaband Chhattisgarh.

---- Respondent For Applicant-State :- Shri Pawan Kesharwani, PL Hon'ble Shri Justice Prashant Kumar Mishra & Hon'ble Shri Justice Gautam Chourdiya Order On Board By Prashant Kumar Mishta, J.

23/09/2019

1. On due consideration delay of 467 days in filing of the Cr.M.P. is condoned. Accordingly, I.A. No.01 of 2019 which is an application for condonation of delay in filing of the instant Cr.M.P. is allowed.

2. The trial Court has acquitted the accused of the charges

CRMP No. 2131 of 2019 under Sections 307 of I.P.C. and Section 25(1)(1-ख)(ख) of the Arms Act, 1959.

3. The accused allegedly caused injuries to the victim PW-1 Mohan Kumar by means of Chura, however, the victim has turned hostile and has not supported the case of prosecution.

4. PW-5 Ashok Kumar has projected in the examination-inchief, as if he has seen the incident, however, in paragraph 5 of his cross-examination, he admits that when he reached the place of occurrence, the victim was already fallen on the ground and the accused was not present. He also says that he could not tell as to the reason for sustaining injuries by the victim, his brother-in-law (Jija).

5. Considering the nature and quality of evidence on record and particularly for the reason that the victim himself has turned hostile and would not make any allegation against the accused, we are not inclined to grant leave to appeal against acquittal.

6. Accordingly, the Cr.M.P deserves to be and is hereby dismissed.

Sd/- Sd/- (Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge Ayushi