State Of Chhattisgarh vs Ambika @ Amerika Gupta 18 Cont/774/2019 ... on 22 October, 2019

[Cites 1, Cited by 8]

Chattisgarh High Court

State Of Chhattisgarh vs Ambika @ Amerika Gupta 18 Cont/774/2019 ... on 22 October, 2019

Bench: Prashant Kumar Mishra

                                   1
                                                   CRMP NO.2012 of 2019

                                                                NAFR

         HIGH COURT OF CHHATTISGARH, BILASPUR

                       CRMP No. 2012 of 2019

     1. The State Of Chhattisgarh Through Police Station Sanawal,
        District Balrampur Ramanujganj Chhattisgarh

                                                        ---- Petitioner

                                Versus

     1. Ambika @ Amerika Gupta S/o Fagu Sao Aged About 34
        Years

     2. Fagu Sao S/o Kalpu Sao Aged About 58 Years

     3. Smt. Shanti Devi W/o Fagu Sao Aged About 55 Years
        Occupation Job

     4. Nandu Sao S/o Fagu Sao Aged About 40 Years Occupation -
        Job

       All R/o Village Sanawal, Police Station Sanawal, District
       Balrampur Ramanujganj Chhattisgarh

                                                      ---- Respondents



For Petitioner/State           Shri Ashish Gupta, Panel Lawyer


               Hon'ble Shri Prashant Kumar Mishra, J.

Hon'ble Shri Gautam Chourdiya, J.

Order on Board By Prashant Kumar Mishra, J.

22-10-2019 I.A.No.1

1. This is an application for condonation of delay in filing the application.

CRMP NO.2012 of 2019

2. For the reasons mentioned in the application, the delay of 45 days in filing the application is condoned.

3. Accordingly, I.A.No.1 stands disposed of.

4. Trial Court has acquitted the accused from the charge under Sections 498-A & 307 read with Section 34 of the Indian Penal Code.

5. As per the prosecution case the accused persons were treating the victim Sunita (PW-4), wife of the accused/respondent No.1, with cruelty and attempted to commit her murder on 26-8-2017 by setting her on fire after pouring kerosene oil.

6. Despite there being a dying declaration incriminating the accused, when examined in Court, the victim Sunita (PW-4) has turned hostile and has not supported the case of the prosecution. She stated that she sustained accidental burn injuries at the time of warming the food.

7. Considering the nature and quality of evidence available on record, it is manifest that present is not a fit case for grant of leave to appeal.

8. In the result, the application (CRMP), sans merit, is liable to be and is hereby dismissed.

                  Sd/-                                       Sd/-


         (Prashant Kumar Mishra)                    (Gautam Chourdiya)
                 Judge                                     Judge


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