ft' y •» l iL^';^ i Cr.M.P.No. S54 State of Chhattisgarh, Through: District Magistrate, District - Bilaspur (C.G.) 1. Prem Singh, S/o Shambhu Singh Gond, aged about 22 years. 2. Tribhuwan Singh, S/o Heera Singh Gond, aged about 22 years. 3. Smt. Rajkumari, W/o Prem Singh, aged about 20 years. 4, Smt. Shivkumari, W/o Tribhuwan Singh, aged about 19 years. All are R/o village Sewra, P.S. Pendra, District - Bilaspur (C.G.) Criminal Procedure, 197; 'resent ; ihri Ashish Shukla, Govt. Advocate forthe appiicant'State. 3h •y By this petition under Section 378 (3) read wit'n section 378 (1) of the Code of Crimina! Procedure, 1973, petitioner has prayed for teave to appea! against judgment of acquittal dated 03.02.2011 passed by the Additional Sesslons Judge, Bilaspur, in S.T.No.11/2010 whereby Additlonai Sessions Judge, Pendraroad, District Bilaspur 'nas acquitted the respondents of the c'narges for ^i 1 ^.i-".-y the offence punishable under Sections 302, 302''34, 302/120-E Us Vijay 4. 5. 9. the !PC. 2. Present leave to appea! has been preferred after 1 18 days of its iimitation. 3. l.A.No.1/2011 for condonation of de'ay in filing ieave to appeai and I.A.No.02/2011 fortaking document on record perused. i.A.No.02/2011 is allowed, Documents are taken on record. Judgment impugned, copies of the staternents of witnesses and copy of charge sheet perused. !n the present case, witnesses examined have not supported ihf case of prosecution even othemise; initia!ly the case was based on call detaiis of mobite phone. In absence of any prima-facie reliabie and credible evidence, court beiow 'nas acquitted the respondents. In the present case, we do not find any merit, any clinching or incrsmenting evidence ignored by trial court sufficient for conviction of the respondents. !n .these circumstances, we also do not find any ground for condonation of delay in filing leave to appeal. Consequently, LA.No.1/2011 is liable to be dismissed and hereby dismissf As a result, Cr.M.P. No. 654/2011 stands dismissed. Sd/- T- p- Sharaia Sd/- R.N. Chandrakar Judge