State Of Chhattisgarh vs Manoj Kurre
2021 Latest Caselaw 2403 Chatt

                                        1

                                                                    NAFR
           HIGH COURT OF CHHATTISGARH, BILASPUR

                                CRMP No. 956 of 2021
     •    State Of Chhattisgarh Through Station House Officer, Police Station
          Malkharauda District Janjgir Champa Chhattisgarh
                                                               ---- Petitioner
                                    Versus
     •   Manoj Kurre S/o Bhuneshwar Kurre Aged About 26 Years R/o Village
         Chote Seepat, Police Station Malkharauda District Janjgir Champa
         Chhattisgarh


                                                           --- Respondent

For Petitioner/State : Mr. Lalit Jangde, G.A.

D.B.: Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor

Order on Board

Per Manindra Mohan Shrivastava 17.09.2021

Heard on prayer for grant of leave to appeal.

1. Though learned State counsel would argue that there is evidence on

record to show that the appellant and deceased were having affair and the

stone which were used in assaulting the deceased was seized at the

instance of the appellant on the basis of his disclosure statement, we find

that the learned trial Court, after minute scrutiny of record has come to the

conclusion that the prosecution has failed to prove its case beyond

reasonable doubt. None of the incriminating circumstances have been

proved from the evidence of the prosecution during trial in the absence of

their being any evidence of strong motive, last seen, extra judicial

confession or recovery from any place said to be in exclusive possession of

the appellant. In the absence of blood stains on the clothes of the accused

or any evidence of finger prints etc. the learned trial Court has rightly

reached to the conclusion that the prosecution has brought home the guilt of

the accused. There is no scope of interference with the judgment impugned

of acquittal. Accordingly, application is rejected.

2. CRMP is accordingly closed.

                     Sd/-                                             Sd/-
          (Manindra Mohan Shrivastava)                          (Vimla Singh Kapoor)
                     Judge                                             Judge

yasmin