3 y HIGHCOURT OF CHHATTEISGARH ATBILASPUR DIVISIONBENCH CORAM: HON'BLEMR. T.P.SHARMA SB HON'BLE^MR. R. L. JHANWAR, JJ. APPLICANT CR.M.P.No. 155/2011 State of Tn-ihattisgarh Through District Magistrate, District Korba (C.G.). Versus NON-APPLICANTS: 1 Narendra Sharma, S/o Radheshyam Sharma,Aged about 22 years Chuima Surendra Kumar @ Dilbandhu Chouhan, S/o Manrup Chouhan, Aged about 28 years, R/o Jambahar, P.S. Balco, Korba Devprasad @ Gorelal, S/o Govind Singh Kanwar, Aged about 32 years, R/o Chuiya Hiralal S/o Chintaram Yadav, Aged about 30 years, R/o Rombahri, Juna Basti, P.S. Balco, DistrictKorba (C.G.) Accused No. 5 case is pending before the Juvenile Board. APPLICATION FOR GRANT OF LEAVE TOAPPEAL U/S 378 (3) AND MEMORANDUM OF APPEAL U/S 378 (1) OF CRIMINAL PROCEDURE CODE, 1973. Present:- Shri D.K. Gwalre,G.A. for the State/petitioner. Respondents not noticed. ORAL-ORDER (Passedon 30/03/2011) The following order of the Court was passed by_TJPi Sharma, J:- 1. Present petition for leave to appeal against the judgment of acquittal.dated 3/7/2010 passed by Second Additional ^ Sessions Judge (F.T.C.), Korba (G.G.) in sessiohs trial No. 8/2010 has been filed by the petitioner after 157 days of its liniitation. 2. Learned counsel for the petifioner is heard on I.A. No. 01, applieation for cpndonation of delay in filing the petition as well as on admission. 3. Judgment impugned, copy of statement of witnesses and other documents perused. 4. As per documents and evidence of the witnesses, Court below has acquitted respondents No. 1 to 4 on the ground that respondents No. 1 to 4 have not been identified by the prosecution witnesses and articles were also not identified. Virtually, statement of the witnesses reveals that nothing has been deposed against the respondents No. 1 to 4 to connect them with crime in question. In absence of any evidence, Court below has rightly acquitted the respondents No. 1 to 4 therefore, we do not find any substance in the petition and ground for condonation of delay in filing the petition. Consequently, I.A. No. 01 is disD'iissed and petition is also dismissed. —^^- Sd/- T.P. Sharma Judge Sd/- R.L. Jhanwar Judge ^^