State Of Chhattisgarh v. Shankar Ram Bhagat

CRMP No. 173 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 173 of 2020 • State Of Chhattisgarh Through Station House Officer, Police Station Sanna, District Jashpur, Chhattisgarh. ---- Applicant

Versus

• Shankar Ram Bhagat S/o Sukhdev Aged About 28 Years R/o Dhekidheepa, Police Station Sanna, District Jashpur, Chhattisgarh.

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

24/01/2020

1. On due consideration delay of 206 days occurred in filing of the Cr.M.P. is condoned. Accordingly, I.A. No.01, application for condonation of delay is allowed.

2. The trial Court has acquitted the accused of the charges under Sections 302, 201 of the I.P.C.

3. Accused was tried for committing murder of deceased -

CRMP No. 173 of 2020 Lakhpati Bai during the intervening night of 1/2.04.2018. It was alleged that consequent upon a dispute between the accused and the deceased regarding showing his mobile phone, the accused committed her murder by strangulating her and thereof set her ablaze to conceal the evidence of crime.

4. Case of prosecution was based on circumstantial evidence , however, witnesses to the said effect examined as PW-1 Sukhdev Ram, PW-2 Sanjita Bai, PW-3 Munni Bai, PW-6 Sanju, PW-7 Sule Ram, PW-8 Belsajar and PW-9 Jagmohan Ram have not supported the prosecution at any stage of their examination.

5. There is absolute lack of evidence against the accused, therefore, he has rightly been acquitted. No case for grant of leave to appeal is made out.

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

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