State Of Chhattisgarh v. Pappu Gabel

CRMP No. 2544 of 2018 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 2544 of 2018 • State Of Chhattisgarh Through Police Outpost Fastarpur police Station City Kotwali Mungeli District Mungeli Chhattisgarh.

---- Applicant

Versus

1. Pappu Gabel S/o Mahadev Gabel Aged About 25 Years,

2. Nandkumari W/o Mahadev Gabel Aged About 48 Years,

3. Mahadev Gabel S/o Itwari Gabel Aged About 54 Years, All are R/o Village Beejatarai Police Outpost Fastarpur, Police Station City Kotwali Mungeli District Mungeli Chhattisgarh.

---- Respondents For Applicant :- Ms. Madhunisha Singh, PL Hon'ble Shri Justice Prashant Kumar Mishra & Hon'ble Shri Justice Gautam Chourdiya, JJ.

Order On Board By Prashant Kumar Mishra, J.

07/08/2019

1. On due consideration delay of 59 days in filing of CrMP is condoned. Accordingly, I.A. No.01 of 2018, application for

CRMP No. 2544 of 2018 condonation of delay in filing of the instant CrMP is allowed.

2. The trial Court has acquitted the accused of the charges under Sections 304B/34 and 302/34 of I.P.C.

3. Considering the statement of Prahlad (PW-2), uncle of the deceased, Prembai (PW-3), mother of the deceased, Gaukaran (PW-4), father of the deceased and Dr. Sanjay Kumar Oberoi (PW-16), we are inclined to grant leave to appeal to the prosecution.

4. Accordingly, the CrMP is allowed.

5. Let regular Acquittal Appeal be registered and the same be posted for consideration in the next week.

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