Chattisgarh High Court
State Of Chhattisgarh vs Rajkumar Halba 3 Sa/541/2006 Smt.Meera ... on 26 August, 2019
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra
1
CRMP No. 1923 of 2019
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 1923 of 2019
State of Chhattisgarh Through The Incharge, Police Station
Ambagarh Chowk, District- Rajnandgaon, Chhattisgarh.
---- Applicant
Versus
Rajkumar Halba S/o Ramsewak Halba Aged About 39 Years
R/o Village Kodemara, Police Station Ambagarh Chowki,
District- Rajnandgaon, Chhattisgarh.
---- Respondent
For Applicant-State :- Shri Rajendra Tripathi, PL
Hon'ble Shri Prashant Kumar Mishra
Hon'ble Shri Gautam Chourdiya, JJ.
Order on Board By Prashant Kumar Mishra, J 26/08/2019
1. Heard.
2. On due consideration, delay of 171 days in filing the present Cr.M.P. is condoned. Accordingly, I.A. No.1 stands allowed.
3. The trial Court has acquitted the of the charges under Section 307 of IPC.
2CRMP No. 1923 of 2019
4. The accused allegedly caused grievous injuries over the neck of the injured PW-1 Agesh @ Ageshwari by means of knife. However, neither the injured nor eye witness Ramsevak, PW-2, would support the case of prosecution. Similarly other witnesses namely PW-3, Bhagat Singh, PW- 4, Neering Sai, PW-5, Radhika Bai, PW-6, Devshankar, PW- 7, Malti, PW-8, Chainkuwar Bai, PW-9, Bhuwan Lal Sinha and PW-10, Ramchandra Taaram have also not supported the case of prosecution. The injured happens to be the sister-in-law (Bhabhi) of the accused.
5. Considering the nature and quality of evidence available on record the present is not the fit case for grant of leave to appeal.
6. Accordingly, Cr.M.P. is dismissed.
Sd/- Sd/-
(Prashant Kumar Mishra) (Gautam Chourdiya)
Judge Judge
Ankit