(f) ^ ,M: HON'BLE GUPTA, C.J. J. ;r.M.P.No.352of2010 ant : StateofChhattisgarh,ThroughDistricl Magistrate, District Raigarh (C.G.) !h. S/( irava Singh, Aged about 31 years, Occupation Private Work R/o Village Sahdevpali Main Road, Chhatamoda Near -Santoshi Mandir, Chowki Jute Mill. Tahsil & Dlstrict - Raiaarh •n'Tor an ^nrlpr S'P^I SlJ^';^?'t£^£^.S j<uiE £^3f&& ^a^^^\ff^ ITS f^.l i' o i-^^ ;r.P.G. and ai irio.r Kfftif. ^?B ^'K^a.i'^i 'r^^Qnf- ? '\^^£\^r^ J ^, Shri Akhil Mishra, learned Deputy Govemment Advocate, for the State/petltioner. »n The following order of the C.Qurt was passed by By allowing LA.No. 1/2010, the documents filed along with thisapplication aretaken on rec-ord. 2) Shri Akhi.l Mishra, learned Deputy !Government Advocate for the petitioner/State is heard on i.A.No.2/2010, an appiication for condonation of the delay"'in filing the petition under Section 378(3)ofCr.P.C. \^^' On due consideration of the submissions of learned Deputy Government Advocate and the grounds taken in the application, IA.No.2/2010 is allowed and the delav of one da.v in fiiina the petition under Section 378 (3) of Cr.P.C. is hereby condoned. 4) Shri Akhil Mishra, learned Deputy Government Advocate is heard on the question of grant of ieave to appeal against t'ne apquittal of respondent/accused Balram Singh of the charge under Section 307 ofthe Indian Pena! Code. 5) The trial Court while convicting respondent/acc.used ilram Singh under Section 323 of the indian Penal Code, icquitted him ofthe charge under Section 307 ofthe indian Penal 6) Thouglz. in his evidence before the tria! Court injured Deepak Kumar Thakur (PVV-1) stated that respondent / accused Bairam Slngh caused injuries on hlm by means of a rod, in the First.lnformatlon Report todaed bv his father Deonath. Thakur (PW-2) ailegation against respondent/accused Balram Singh was that he caused. injuries on inlured Deepak Kumar Thakur (PW-1) by means of fists ana k'cks oniy. Thoug'n Dr. Jayant Shrivastava (W/-6) on medicai exarnination found as many as four external injuries on injured Deepak Kumar • T'nakur (PW-1), no corrgsponding fracture or any damage t6 the internal organ was detected. T'ne tria! Court, therefore, found that all the injuries found on injured Deepak'Kumar Thakur were simple in nature. <ft 7) On due consideration of the subrnisslons of learned Deputy Government Advocate; the findings recorded by the trial CourS IQ^dinn to snoujtl'sl of r^^Dnndent /scc^ijs^d R^irsm Rinnh of thp S'lK'r^^^fi 13 -;^^ ^. ''i^* ^d^ltt^^w) ^ri ^ iK<.^*13 \^1 £ 3 ^.^^hE/ri^" ^'1 I\i»S^atr? 3 L j ^i3.1u?^.^^i^—?^i>^^c3 L^ ^.^^l ^i-j i! 3 ^ / 3 S i1*^ i; '^ ^ir' s ^S :I^WT ^»f ' i i charge under Section 307 ofthe Indian Penal Code; the evidence 'led by the prosecution at the trial in generai and that of Deepak Kumar Thakur (PW-1) and Deonath Thakur (PW-2) in particuiar; a.nd the above mentioned broad features of the case, we do not find any 'nfirmlty in the findings recorded by the triai Court leading to acquitta! of respondent/accused Bairam Singh of the charge under Sect.ion 307 ofthe Inc'ian Penal Code. !) The petition fiied by the petitioner/State under Section 37? (3) of Cr.P.C., for grant of leave to appeal against the acqultta! of respondent/accysed Balram Singh of the charge under Section 307 of the Indlan Pena! Code, therefore, falls and is hereby dismisss' '•^u/^^r- Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge S''bbu