Chattisgarh High Court
The State Of Chhattisgarh vs Kunal Kurre 19 Crmp/2219/2019 Girish ... on 15 October, 2019
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra
1
CRMP No. 570 of 2013
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 570 of 2013
The State Of Chhattisgarh Through - District Magistrate,
Durg C.G.
---- Petitioner
Versus
Kunal Kurre S/o Dukalu Ram Kurre Aged About 19 Years
R/o Satya Chowk, Kumhari , P.S. Kumhari , Distt. Durg.
---- Respondent
For Applicant-State :- Shri R.Tripathi, PL
Hon'ble Shri Justice Prashant Kumar Mishra &
Hon'ble Shri Justice Gautam Chourdiya
Order On Board
By
Prashant Kumar Mishra, J.
15/10/2019
1. On due consideration, delay of 131 days in filing of the Cr.M.P. is condoned. Accordingly, I.A. No.01 of 2013 which is an application for condonation of delay occurred in filing of the appeal is allowed.
2. The trial Court has convicted the accused for offences under Sections 452, 325 of the I.P.C., however, acquitted the 2 CRMP No. 570 of 2013 accused of the charges under Sections 307, 450 of the I.P.C.
3. Considering the statement of Dr. Siddharth Tamaskar (PW-
10) and Dr. Pankaj Dhabalia (PW-11) it appears, prima- facie, that the injuries sustained by Balla Ram was not only serious but on vital part of the body, therefore, we are inclined to admit leave to appeal against acquittal of the respondent for the offence under Section 307 of I.P.C.
4. Accordingly, the Cr.M.P. is allowed.
5. Let regular acquittal appeal be registered and the same be placed for consideration in the week after next.
SD/- SD/-
(Prashant Kumar Mishra) (Gautam Chourdiya)
Judge Judge
Ayushi