IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH /•'>(^^ (^l.C^S^IO. OF 20Q!g> Cr. A. No. OF 2006 las. Appellant Applicant ^r^r ^•>y^^ -z~^'-""'c^>^ State of Chhattisgarh Through: Police Station: Somani, District: Rajnandgaon (CG) VERSUS Non-Applicant Respondent Shekhan @ Chandrashekhar S/o Makhan Satnami Aged about 39 Yrs, R/o Khueteri, PS: Soraani, District: Rajnandgaon (CG) APPLICAI0N FORGRANT OF LEAVE TO APPEAL UNDER SECTION 378 Or^AND MEMORANDUM OF APPEAL UNDER SECTION 378 (if OF_THE CODE QF CRIMINAL PROCEDURE, 1973. "n&ed—tci-Shri ^ ^:-%t J^"^ '^h. f *^,, •!:y^ SB : HOM'BLE; MR. JUSTICE PRITINKER DIWAKER CR.M.P. N0. 281/2009 State of Chhattisgarh SheMiaa fa) Chaiidrashek&ar APPLICATIQN FOR ORANT OE* LEAVB TO APPBAL UWDER SECTEOH 37S)3t AND MEMO OF- APPEAL UKDER SECTION 37S'l) OF THB Cs.P.C. Shri Praveen Das, Dy. G.A. for fhe appMcaat/State. (07.12.2009S Heaid on adinission. Present petition iiled under Section 378 (3) of tae Cr.P.C. is directed agaiast the impiigned judgm.ent dated 25.10.2005 Tiassed by Judicial Magistrate First Class, Rainaadgaon ia Cr. Case No. 152/2005 (476/02) whereby fhe accused/i^spondent has been acqiiitted of the charges leveted agamst him under Sections 294, 325 & 506 Wj of fhe Indian Peaal Cbde. 2. As per fhe case of fhe prosecution, on 26.5.2001 FIR Ex.P/ 1 was lodged by Kevra Bai (P.V»r.-l) aUegiag ta it fhat on fhe said date when she ha.d gone to her field and asked the accused not to block fhe approach passage by putang fhoms, she was abused aad beateu by th.e accused. 3. In support of its case, the prosecution has examiaed as manv as five witaesses iacludia.g tb.at of the coinplahiarit Statem.ent of fhe accused was also recorded under Section 313 of the Code of Criininal Procedure ia which he denied the charges leveled agamst TiJTn and pleaded false unplication ia the case. iii. '^ ^, '' 1 .^, ^fF '~^ ^'^" j^y '•tinasi^' 138»' 4!i.' 4. 3v the iaiu-ugaed nidiiiaent fhe Court below has acq'u.itted fhe respondent/ accused. 5. Contenaon of t&e coi-ijisel for the applicant/State is fbiat on tiie basis of material avatlable 011 record. the coiirt below ought to have convicied tlie acciised/ respondent. 6. As per fhe statenient of the coiaplainaat Kevra Bai I'P.W.-l') the uicident dated 26.5.01 was duly ^vitaessed bv P.W.-2 Vasudeo whereas Vasudeo has not m.a.de aav allegation in respect of abuse. Similarly P.W.-4 RuXmani Bai m. her stateiaent has stated fhs.t fhoueh Kevra Bai was abused and assaulted but she has not received anv in.iurv. She has stated fhat the dispute in. respect to fhe land is pending between Kevra Bai aiid tlie accused. She has ftsrther stated that when she reached the SDOt Kevra Bai aione was ttiere. As Tser fhe stateiaent of Kevra Bai sP.W.-l') ou account of assault she. had siiffered injury on her Iiaad which started bleediae whereas no inedical reoort has been brozight on recoid bv fhe prosecution nor aav doctor has been examiaed. Proni fh.e stateinent of this witness it also reveals that a previous land dispute between th.e com.plainaut &ud the accused is pendiag. She has also adiiiitted fhat the injury was sustain.ed by her prior to the date of iacident for wbich she was hospitalized also euid therefore the possibility of false miplication cannot be ruled out. 7. The entire laaterial has been duly considered by the court below while passing the mipugned judgnient of acquittal, this court also, after perusiug the. entii-e record, finds no reason to interfert; with fhe same. 8. It is a settled position of law ia i^lation to cases agaia.ht acquittal. In a petition against acqiuttal if two views are possible on fhe basis of tlie evidence led by fhe prosecution and the trial Court taking one view favoured fbe accused, icversion of fhe fiadiaes of acciuittal by tfae :^&c?iiays? ••^^p--' appeUate Court taldng the other possible view into consideration is not permissible. S- T'his Court is offhe view fhat the judgnient izipugned acquitttag fhe respoadent/accused ofthe chai^es as leveled against hiin. is just and proper. The petition fails and is accordtngly disnussed. Sd/- Pritinker Diwaker Judge iSiSfc'i1