State Of Chhattisgarh v. Itwar Manjhwar

CRMP No. 207 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 207 of 2020 • State Of Chhattisgarh Through The Police Station Bango, District - Korba Chhattisgarh.

---- Applicant

Versus

1. Itwar Manjhwar S/o Goutiya Manjhwar, Aged About 27 Years R/o Village Paturiyadand, Chowki - Morga, Police Station Bango, District - Korba Chhattisgarh.

2. Sufal Pando S/o Ramprasad Pando, Aged About 19 Years R/o Village Paturiyadand, Chowki - Morga, Police Station Bango, District - Korba Chhattisgarh.

---- Respondents For Applicant-State :- Shri K.K. Singh, G.A.

Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Gautam Chourdiya Order On Board By Prashant Kumar Mishra, J.

28/01/2020

1. On due consideration delay of 148 days occurred in filing of the Cr.M.P. is condoned. Accordingly, I.A. No.01/2020, for condonation of delay is allowed.

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

CRMP No. 207 of 2020 charges under Section 302/34 of the I.P.C.

3. As per prosecution case, PW-1 Naresh Yadav, accused No.1 namely; Itwar Manjhwar and accused No.2 namely; Sufal Pando were going on foot at about 9 P.M. on the date of incident. At that time deceased- Jageshwar, PW-3 Deepak Kumar and PW-2 Kaushal Prasad came from behind on a motor cycle and dashed against them. The accused persons assaulted the deceasedJageshwar by club which was witnessed by Deepak Kumar (PW-3).

4. PW-3 Deepak Kumar has turned hostile. Similarly, PW-1 Naresh Yadav who was moving on foot along with the accused persons has also turned hostile. PW-2 Kaushal Prasad who was on motor cycle with deceased Jageshwar and PW-3 Deepak Kumar have also turned hostile. Thus, there is no evidence against the accused persons. 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