State Of Chhattisgarh v. Durwasa Thakur

CRMP No. 2379 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 2379 of 2019 • State Of Chhattisgarh Through Police Station Ranitarai, District Durg Chhattisgarh.

---- Petitioner

Versus

• Durwasa Thakur S/o Lekhram Thakur Aged About 29 Years R/o Umarpoti, Police Station Ranitarai, District Durg Chhattisgarh.

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

08/11/2019

1. On due consideration delay of 28 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 occurred in filing of the Cr.M.P. is allowed.

2. The trial Court has acquitted the accused of the charge under Section 302 of the Indian Penal Code.

CRMP No. 2379 of 2019

3. Accused was sent for trial for committing murder of his brother namely; Jitendra Kumar in the evening of 07.11.2018. Although, the incident happened in the house where other members were present but all the witnesses have turned hostile without supporting the prosecution at any stage of their examination.

4. Considering the lack of evidence against the accused, no case for grant of leave to appeal is made out.

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

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