^^v^17'^., ^SSaSSSSj, J SLE SHRI T.P. SHARI '.IVI.F'.i State of Chhattisgarh Through Magistrate, Durg (C.G) District Romesh Sharma, aged about 21 years S/o Late Shri Vijay Kumar Sharma, R/o Near Kelabadi Masjid, Durg District Durg (C.G.) ABBiicatiors for arant of leave to aopeal under Section 378 (31and •ent : Shri D.K. Gwalre, Govt. Advocate forthe applicant/Staie. rSl (Passedpn 27'"_September_.^011) 'er T.P. By this petition under Section 378 (3) read with section 378 (1) of the Code of Criminai Procedure, 1973, petitioner has prayed for leave to appeal against judgment of acquittal dated 24.12.2010 passed by the Sessions Judge, Durg, In S.T.No.47/2010 whereby Sessions Judge, Durg has acquitted the respondent of the charges forthe offence punishable under Sections 302 and 506 ofthe IPC. This !eave to appeal has been preferred after 147 days of its Simitatioi 3. Heard on l.A.No.1/2011 for condonation of delay in Tilina ieave to -e-".^. '^,N ^&y-s'j s te. '^ 7. Judgment impugned, copies of the statements of witnesses and copy of charge sheet perused. Substantiaily, case was based on the evidence of PW/4-Rashmi Sharma, sister of respondent and daughter of deceased but she has not supported the case of prosecution in her court evidence. Except the evidence of Rashmi Sharma (PW/4), prosecution has not coiiected any other evidence at the time of investigation and durinfl the course of trial. Prosecution has declared her hostiie. Evidence adduced on behalf of prosecution does not show the involvement of present appeilant in crime in question. We do not find prirna-facie evidence of invoivement of the appei in crime in question. We also do not find any ground eondonation of delay in fiiing leave to appeal. Consequentiy, I.A.No.1/2011 is liabie to be dssmissed and hereby dlsmissed. As a result, Cr.M.P. No. 627/2011 stands dismissed. e^^ Vijay -• Sd/- T.P.Sharma Judge Sd/- R.N. Chandrakar Judge