State Of Chhattisgarh vs Jogna Ram @ Jogne
2021 Latest Caselaw 6 Chatt

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               HIGH COURT OF CHHATTISGARH, BILASPUR
                                  CRMP No. 1199 of 2020
     • State of Chhattisgarh Through - Police Station Bagicha, District Jashpur
       (Chhattisgarh)                                        ---- Petitioner
                                                Versus
    1. Jogna Ram @ Jogne S/o Bhauwa Aged About 30 Years R/o Sardih,
       Police Station - Sanna, District Jashpur (Chhattisgarh),
    2. Parwati Bai W/o Ramdhani R/o Harratoli, Police Station Shankargarh,
       District Balrampur (Chhattisgarh),               ---- Respondents

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For petitioner/State : Ms. Samiksha Gupta, Panel Lawyer

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DB: Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Shri Justice Narendra Kumar Vyas.

Order on Board 01-04-2021

1. Heard on I.A.No. 1 of 2020, application for condonation of

delay in filing of the instant appeal as also application for

grant of leave to appeal .

2. Even if we are inclined to condone the delay in filing the

application for grant of leave to appeal, we do not find any

material in the application so as to warrant interference

against the judgment of acquittal.

3. Though the prosecution came out with the case that the

accused persons had mixed the poisonous substance in the

liquor which was consumed by the deceased, there is no

direct evidence led by the prosecution. The prosecution

could not prove the same beyond reasonable doubt.

4. Learned State counsel drew attention of this court to the

statement of daughter of deceased namely Ku. Chandramani

Bai (PW/2) that she had seen the incident where the

deceased was consuming liquor with accused Jognaram @

Jogne, we find that the trial court disbelieved the point of

testimony of Chandramani Bai (PW/2) as suffering from

complete omission from her case diary statement wherein

she did not say that the accused had come and went along

with her father to fetch liquor, came back and then

consumed. The diary statement only shows that when-after

about six months FSL report revealed that the deceased died

because of poisonous content in the liquor, enquiry was

made by the Police and then it is said that a memorandum of

accused Jognaram was recorded. Only this fact has been

mentioned in the case diary. Except this, no other evidence

could be led by the prosecution to corroborate the statement

of Ku. Chandramani Bai (P/2) and therefore, acquittal has

eventually resulted giving benefit of doubt. In that view of the

matter, we do not find any scope for interference against the

judgment of acquittal.

5. Accordingly, the instant CRMP stands dismissed.

                 Sd/-                                 Sd/-
       (Manindra Mohan Shrivastava)        (Narendra Kumar Vyas)
                   Judge                               Judge


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