IN THE HIGH COURT OF JUDICATURE AT BILASPURI _ M i ' APLLANT PE : RESPONDENT : CR. M. P. No. 395 /2011 ACQUITTAL APPEAL No. /2o1 1 The State of Chhattisgarh Through — District Magistrate, Surguja (C.G.) VERSUS Krishna Prasad ’Singh, S/o.— Hari Prasad Singh Aged about — 39 years Occupation — Agriculturist R/o.- Village Bhanaura, RS. — Balrampur, District — Surguja (C.G.) PPLICATION UNDER SECTION 378 3 FOR GRANT OF LEAVE O APPEAL ND MEMORANDUM OF APPEAL UNDER SECTION 378 [It OF CODE OF CRIMINAL PROCEDURE '1973. / A T HIGH COURT OF CHHATTISGARH AT BILASPUR CORAM: HON’BLE MR. T.P. SHARMA & HON’BLE MR. R. L. JHANWAR, JJ. APPELLANT E // The State of Chhattisgarh Through District Magistraté, Suguja (C.G.). RESPONDENT Krishna Prasad Singh, S/o Hari Prasad Singh Aged abGut 39 years Occupation Agiculturist R/0 Village Bhanaura, RS. Balrampur, District Surguja (C.G.). APPLICATION UNDER SECTION 378 (3l FOR GRANT OF LEAVE TO APPEAL. l Present.- Shri D.K. Gwalre, G.A. for the State/petitioner. Respondent not noticed. \°> DIVISION BENCH cn.m.p. no. 325/201 1 VERSUS The following order of the Court was passed bv T.P. Sharma,‘ J:- 1. This is a petition for leave to appeal against the judgment of acqnittal dated 21/ 12/20 10 passed by Additional Sessions Judge (F.T.C.) Ramanujganj, Surguja (C.G.) in Sessions Trial No. 123/20 10 whereby learned Additional Sessions Judge (F.T.C.) Ramanujganj, Surguja (C.G.) has acquitted the respondent of the charge punishable under Section 302 of the Indian Penal Code. Present petition has been preferred after 53 days of its limitation. ORAL—ORDER (Passed on 24/06/201 1) 3. Learned counsel for the petitioner/State Shri D.K. Gwalre is heard. 4. Judgment impugned, copy of the statement of the Witnesses, record of the Court below and charge sheet perused. 5‘ Learned counsel for the petitioner/State submits that although prosecution has not collected sumcient evidence and Witnesses examined on behalf of the prosecution have not supported the case of the prosecution but fact remain that blood stained axe recovered from the hotel (Dhaba) of the respondent and respondent has not oEered any explanation relating to aforesaid recovery. 6. Judgment and copy of the statement of the witnesses reveal that Gajendra Singh @ Raju has been murdered and respondent was interested for vacating the house Where deceased was residing. Blood stained axe has been recovered from the hotel (Dhaba) of the respondent same has been sent for chemical examination but chemical experts has not opined the blood group or the fact that blood found over the axe was human blood and that too a blood group of deceased, these circumstances may be prima—facie material 1 for suspicion that present respondent would have been committed aforesaid on‘ence or present respondent was associated with the commission of aforesaid offence but only above two circumstances have been admitted gospel truth would not be sunicient for conviction of the respondent for \/u \O?% the o§ence punishable under Section 302 of the Indian Penal Code, in these circumstanceS, we do not fmd any case on merits or any ground for condonation of delay in illing such petition. Consequently, LA. No. 01 is dismissed and as a result of petition for grant of leave to appeal against the judgnent of acquittal is also dismissed. i Sd/- Sd/— T.P. Sharma R.L. Jhanwar Judge Judge