HIQH CQIERT OF CHHKFWSGARH A? E!LA$P1§R mWSiON BENCH SQRikwi: HGWBLE SHR? TP. S§€£xRMA 3: §§0N’ELE $HR1 R§N$NATH CHI3N§RAKARJ$ CY.?‘JE.P£\§€9. 2%2 10f 2M? A§g§§§caé§m fair grama a? £eave 1a appeai undaf $ec€§an 33% €3§ mu? Memerandum 0f Elixppeal umier Seams 3178g’a3 m3 the Sade a? wimmai Pracefjwe} 'EQ‘M \ :é‘gmsmem : Shri DK. Gwaire, Gcvt. Advocate for the applicant. GREEg {Passeré on 16f; dune, 2M 1} ?e? ER $harma, J. 1. Hgard. 2. Leave i0 appea? agaimt the judgment of acquitiai dated G”: .0?.201.G passed by Secsnd Addiiienai Sessim'is Judge (ETC) Korba {0G} in Sassions Tria! Na. 15/2010, whereby and whereunder the Caur‘: beiaw has acquitwd respondents af the charge5 for .5!“w sffence punE’nahle uniier Sections 302 and 2m Qr’ the LP‘C, has men fiéeci afier iaa days 0? its iimitaian amng wiih LA. Na 1/2G1‘i far condcnatmn of demy in fiiing the iwve to aweai. §Qio§§cami State’of Chhatiisgarh Thmug‘n : Police AgQeEiani Station Kusmunda, District Kerba (0.6.) V§§§u$ ‘:éw-agmimag’figi 1 $hankar La! 8/0 Kama Prasad Pandey L R$smandam$ aged abeut 53 years. Humeadra Kumar aged abou‘: 28 yeam Sic: Shankar La! Pandev 3. M€5g¥a gai, W/a Shankar La1 Pamey, All R/o ViHage Raliya, RS. Kusmunda; Disi‘i‘ Korba (CG) Judgment impugned, cepie$ of the s€atemenis of w§in83$es and capy of charge sheet perused. 4. As per the initial case of prosecution, deooased Karanbai §efi her house and ai that time {espondeni No. 2 Humendra was present near the house of Karanbai. Afier $ome days one unknown dead body of a woman was found neaf Gangdai Naia Dam, her photographs were taken and an‘icies were seized. The deoeaeed was identified by one Radha Bai (PW/9), sistei of Karanbai. 5. Pi’oseouiion has examined as many as nine wii‘neases. Pmaecuiion has faiied to eatabiish ihe matter reiating to the identity of the deceased on the basis ot aforeeaid evidence and especiaily the fact th’at deceased Karanbai has been mutdered by the respondents. Evidence adduced on behalf of the prosecution has not been sufficient even for suspicion that the dead body of the x \ women was of Karanioai and there is no any materiai to show the L involvement of respondente/acoused with the crime in question. 6. in absence of credible evidence reiating to murder of deoeaeed Karanbai and the involvement of the respondents, no option was left to the Ceurt below except to acquit the reepondente/aooused. The Court below has not committed any illegality and infirmity whatsoever warranting any interference of this Court. 7. Consequently, the case being devoid of merit is liable to be dismissed, and is hereby dismissed. 8. Aooordingiy, LA. No. 1/2011 for oondonation ot delay tn tiling leave to appeat isdismissed. Sdl— Sd/- 7 R.N.Chandrakari \l’ijay T.P. Sharma i Judge Judge i