ii.-£a fz^ HIOH COURT OF CHHAmSGARH. BIU^PUR CR.M.P.No.28/2011 PETITIONER RESPONDENTS VESSUS 1. State of Chliattegarh Through District Magistrate Distnct Korba (CG) Shivji Paswaa, S/o Naimu Paswan, aged about 59 years, R/o New Raflway Colony, Korba (CG) Paachram Kanwar, s/o Sitaram Kaawar aged about 43 years, R/o New Raihvay Colony Korba (CG) APPUCATION FOR GRANT OF LEAVB TO APPEAL U/S 378 (31 AWD MEMOR&NDUM OF APPEAL U/S 378 (11 OF CR.P.C. Appearance: Shri D.K. Gwalre, Goveminent Advocate for the State/ petitioner. 2. Division Bench:- Hon'ble SIiri T.P. Sharma fis Hoa'ble Shri R.L.Jlianwar.JJ Per T.P.Sharma, J. ORAL ORDER (27.01.2011) By tfais petition ffled under Section 378 (3) and 378(1) ofthe Code of Criininal Procedure, petitioner has prayed for graat of leave to appeal ^ainst the judgmcnt ofacqiiittal dated 29.4.2010, passed by the Sessions Judge Korba, District Korba (CG) ia S.T.No.53/2009, whereby and whereunder, the leamed Sessions Judge Korba has acquitted the respondents of the charge uader Sectioas 302 and 201 ofthe IPC. The petition has been ffled afiter 168 days ofits luiutation. 99.Ite" Heard on I.A.No.l for condonatfoa of detey in filing the appeal. . On due consideratiou, we are satisfied that the petitioaer has been able to explaia fhe delay of 168 days iu filiag the petitioa. Consequenfty, I.A.No. 1 is aOowed. Delay in filiag (he petition is hereby condoned. AIso heard on adinission. Judginent impugned, copy of chai^e sheet, copy ofevidence of prosecution witnesses, copy of stateiuent of fhe accused recorded uiider Section 313 of the Code of CrimiTial Procedure perused. Vide aupugned judgment, fhe Sessions Judge has acqiiitted the respondeuts on the basis of ao evidence found agaiast them. As per iaitial case ofprosecution, the case was based on Tast seeu tbeoiy' aud recoveiy o{ blood staaied piUow cover, handkerchief aad chappal offhe deceased at the iastaace ofaccused. However, during the couise of trial, prosecution has not proved the aforesaid cireumstaaces against the respondents. Haadkercliief aad chappal has not been placed for identification to coimect the accused/respondents with crime ia question or the presence of huinan blood that too oftfae deceased was not proved. In absence ofsuch evidence, ttus is a case ofno evidence. On due consideration, we do not fiad any ground for graat of leave to appeal agaiast the judgmeat of acquittal of fhe respondents. Consequenfly, the petition is Uable to be dismissed and it is hereby disxnissed. 31- Sd/- T. P. Sharma Judge Sd/- R.L. Jhanwar Judge