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High Court Of ChhattisgarhCRMP/179/2020dismissed

State Of Chhattisgarh v. Ramprasad

2021-03-10Hon'Ble Shri Justice Manindra Mohan Shrivastava,Hon'Ble Smt. Justice Vimla Singh Kapoor1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 179 of 2020 • State Of Chhattisgarh Through Station House Officer Police Station Ramanujganj, District- Balrampur Ramanujganj, Chhattisgarh ---- Petitioner

Versus

1. Ramprasad S/o Lal Sai Gond Aged About 65 Years Resident Of Village Barwatola, Piproul, Police Outpost Vijaynagar, Police Station Ramanujganj, District- Balrampur Ramanujganj, Chhattisgarh

2. Surajdev @ Mangru S/o Ramjanm @ Johan Gond Aged About 19 Years Resident Of Village Piproul Barwatola , Police Outpost Vijaynagar, Police Station- Ramanujganj, District- Balrampur- Ramanujganj, Chhattisgarh --- Respondents For Petitioner/State :

Mr. K.K. Singh, G.A.

DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 10/03/2021

1. Heard on application for condonation of delay as well as on prayer for grant of leave to appeal.

2. Even if, we are inclined to condone the delay, we do not find any merit in the application for the reason that the acquittal is as a result of failure of any cogent circumstantial evidence on the face of fable evidence of previous enmity over property dispute. Prosecution was required to lead other cogent circumstantial evidence. However, no such evidence of circumstantial in nature found proved which led to ultimate acquittal. Therefore, there is no merit in the application and the application is rejected.

3. The CRMP is accordingly dismissed.

Sd/- Sd/- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge Ravi