State Of Chhattisgarh vs Smt. Rajmuni Bai on 19 August, 2019

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Chattisgarh High Court

State Of Chhattisgarh vs Smt. Rajmuni Bai on 19 August, 2019

Bench: Prashant Kumar Mishra

                                    1
                                                 CRMP No. 1540 of 2017

                                                               NAFR

      HIGH COURT OF CHHATTISGARH, BILASPUR

                      CRMP No. 1540 of 2017

    State of Chhattisgarh Through Station House Officer, Police
      Station Kansabel, District Jashpur Chhattisgarh.

                                                       ---- Applicant

                              Versus

    Smt. Rajmuni Bai W/o Ramdular Ram Rautiya Aged About
      46 Years R/o Jamunda, Police Station Kansabel, District
      Jashpur Chhattisgarh.

                                                   ---- Respondent



For Applicant-State            :-       Shri K.K. Singh, GA


               Hon'ble Shri Prashant Kumar Mishra
               Hon'ble Shri Gautam Chourdiya, JJ.

Order on Board By Prashant Kumar Mishra, J 19/08/2019

1. Heard.

2. On due consideration, delay of 33 days in filing the present Cr.M.P. is condoned. Accordingly, I. A. No.1 stands allowed.

3. The trial Court has acquitted the accused of the charges under Sections 4 & 5 of Chhattisgarh Tonahi Pratadna Nivaran Act, 2005 and Sections 450 and 302 of IPC. 2 CRMP No. 1540 of 2017

4. The respondent/accused was sent for trial for committing murder of her mother-in-law, Sumitra Bai, by setting her ablaze at about 23:50 hours on 26.04.2016.

5. The trial Court relied on the eye witness account of witnesses Jalkuwari Bai, PW-5 and Pramila Bai, PW-6. Jalkuwari Bai is the sister-in-law (Devrani) of the accused whereas, Pramila Bai is the daughter of Jalkuwari Bai, PW-

5. Both of them were present in the house at the time of incident, however, they have refused to witness any incident involving the accused committing murder of the deceased.

6. Though the present is a house murder but since PW-5, Jalkuwari Bai, and PW-6, Pramila Bai, also reside in the same house, therefore, it is not a case where at the time of incident the accused and deceased were alone in the house.

7. Considering the nature and quality of evidence available on record, we are not inclined to allow this application for grant of leave to appeal, it fails and is hereby dismissed.

8. Accordingly, Cr.M.P. is dismissed.

                  Sd/-                                   Sd/-
        (Prashant Kumar Mishra)                 (Gautam Chourdiya)
                  Judge                              Judge
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