Chattisgarh High Court
State Of Chhattisgarh vs Jagnu @ Vinod And Ors. 24 Cra/2384/1999 ... on 31 July, 2019
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra
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CRMP No. 274 of 2014
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 274 of 2014
State of Chhattisgarh Through S.H.O., P.S. Dhoudai, Distt.
Narayanpur C.G. , Chhattisgarh.
---- Applicant
Versus
1. Jagnu @ Vinod, S/o Late Sudu Salam Aged About 26 Years
R/o Village Bagjhar, P.S. Pharasgaon, District-Narayanpur,
Chhattisgarh.
2. Raju Kanchay S/o Bisru Kanchay Korram Aged About 20 Years
R/o Village Permapal, P.S. Bayanar, Distt. Kondagaon
Chhattisgarh.
3. Bira S/o Birsai Salam Aged About 30 Years R/o Village
Permapal, P.S. Bayanar, Distt. Kondagaon Chhattisgarh.
4. Smt. Rasai W/o Jarha Salam Aged About 30 Years R/o Village
Permapal, P.S. Bayanar, Distt. Kondagaon Chhattisgarh.
5. Dhansingh S/o Sukku Salam Aged About 21 Years R/o Village
Permapal, P.S. Bayanar, Distt. Kondagaon Chhattisgarh.
6. Chander S/o Rukder Korram Aged About 25 Years R/o Village
Botha, P.S. Dhoudai Distt. Narayanpur, Chhattisgarh.
7. Milder S/o Sukalu Salam Aged About 30 Years R/o Village
Botha, P.S. Dhoudai Distt. Narayanpur, Chhattisgarh.
8. Ramsingh S/o Sonaru Sori Aged About 24 Years R/o Village
Kejang, P.S. Bayanar, Distt. Kondagaon, Chhattisgarh.
9. Bhoriram S/o Modaram Korram Aged About 27 Years R/o
Village Kejang, P.S. Bayanar, Distt. Kondagaon, Chhattisgarh.
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CRMP No. 274 of 2014
10. Milder S/o Jaysingh Salam Aged About 21 Years R/o Village
Koushalnar, P.S. Dhoudai, Distt. Narayanpur, Chhattisgarh.
11. Gadwa S/o Ghasiya Salam Aged About 21 Years R/o Village
Koushalnar, P.S. Dhoudai, Distt. Narayanpur, Chhattisgarh.
12. Patiram S/o Tijuram Salam Aged About 24 Years R/o Village
Koushalnar, P.S. Dhoudai, Distt. Narayanpur, Chhattisgarh.
13. Sampat S/o Fagduram Korram Aged About 35 Years R/o
Village Koushalnar, P.S. Dhoudai, Distt. Narayanpur,
Chhattisgarh.
14. Dhaniram S/o Gangaram Netam Aged About 27 Years R/o
Village Banspal, P.S. & Distt. Narayanpur, Chhattisgarh.
15.Jugder S/o Mangtu Salam Aged About 21 Years R/o Village
Hathibeda, P.S. Dhoudai, Distt. Narayanpur, Chhattisgarh.
16.Gadwa S/o Singluram Aged About 32 Years R/o Village
Toynar, P.S. Dhoudai, Distt. Narayanpur, Chhattisgarh.
17.Gadduram S/o Bira Korram Aged About 22 Years R/o Village
Toynar, P.S. Dhoudai, Distt. Narayanpur, Chhattisgarh.
18.Suden S/o Rajman Salam Aged About 22 Years R/o Village
Toynar, P.S. Dhoudai, Distt. Narayanpur, Chhattisgarh.
19.Sainuram S/o Pandiram Salam Aged About 25 Years R/o
Village Kongera, P.S. Dhoudai, Distt. Narayanpur,
Chhattisgarh.
20.Karu S/o Chamru Korram Aged About 21 Years R/o Village
Kongera, P.S. Dhoudai, Distt. Narayanpur, Chhattisgarh.
21.Phoolsingh S/o Mannuram Salam Aged About 22 Years R/o
Village Palli, P.S. Dhoudai, Distt. Narayanpur, Chhattisgarh.
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CRMP No. 274 of 2014
22.Sukhmen S/o Somaru Salam Aged About 21 Years R/o Village
Palli, P.S. Dhoudai, Distt. Narayanpur, Chhattisgarh.
23.Raiman S/o Kahru Korram Aged About 21 Years R/o Village
Sulenga, P.S. Dhoudai, Distt. Narayanpur Chhattisgarh.
24. Sukhram S/o Dasu Salam Aged About 22 Years R/o Village
Sulenga, P.S. Dhoudai, Distt. Narayanpur Chhattisgarh.
25.Laxman S/o Chunnilal Yadav Aged About 25 Years R/o Village
Madanar, P.S. Bayanar, Distt. Kondagaon, Chhattisgarh.
26.Lakhiram S/o Maniram Netam Aged About 29 Years R/o
Village Turushmeta, P.S. Chotedongar, Distt. Narayanpur
Chhattisgarh.
---- Respondents
For Applicant-State :- Ms Madhunisha Singh, P.L.
For Respondents No.2,3,5,
7-13,15,18,20,23 & 25 :- Shri Avinash K. Mishra, Advocate
For Respondents No.1 & 26 :- Shri P.K. Tusyan, Advocate
Hon'ble Shri Prashant Kumar Mishra
Hon'ble Shri Gautam Chourdiya, JJ.
Order on Board By Prashant Kumar Mishra, J 31/07/2019
1. Heard learned counsel for the parties on I.A. No.1, application for condonation of delay in filing the Cr.M.P. as also on admission.
2. On due consideration, the delay of 406 days in filing the 4 CRMP No. 274 of 2014 Cr.M.P. is condoned. Accordingly, I. A. No.1 is allowed.
3. The trial Court has acquitted the accused of the charges under Sections 148, 307 read with Section 149, Section 302 read with Section 149 and Section 396 of IPC.
4. 26 accused were sent for trial for the above offences on the allegation that between 1:00 pm to 4:30 pm on 29.06.2010 about more than 200 armed Naxalites attacked police patrolling team at village Kousharlnar, Police Station Dhoudai, District - Narayanpur and opened fired on them causing death of 27 policemen. Naxalites also looted the rifles and cartridges.
5. During investigation memorandum statement of accused- Pati Ram was recorded on 25.08.2011, thereafter, other accused were arrested and their memorandum statements were also recorded. Pursuant to the memorandum statements axe, wire, naxal pamphlate, pipe bomb, banners, detonators, tiffin bomb, etc., were recovered.
6. The prosecution has examined only 5 witnesses to bring home the charges, however, none of the witnesses have made any statement that they have seen the nexalies and would recognize them. The accused persons were never sent for test identification parade. The witnesses to the memorandum and seizure have turned hostile. Thus, in the 5 CRMP No. 274 of 2014 absence of cogent and reliable evidence the trial Court has acquitted the accused persons.
7. We have scrutinized the record carefully. The view taken by the trial Judge is borne out from the evidence on record and the same does not appear to be perverse.
8. No case for grant of leave to appeal is made out. Accordingly, Cr.M.P. is dismissed.
Sd/- Sd/-
(Prashant Kumar Mishra) (Gautam Chourdiya)
Judge Judge
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