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State of Chhattisgarh Vs Ejinius Ekka — Criminal Trial and Appeal | Chhattisgarh HC (2019)

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Chhattisgarh HC
2019
State of Chhattisgarh Vs Ejinius EkkaState of Chhattisgarh v. Ejinius Ekka

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State of Chhattisgarh v. Ejinius Ekka

Chhattisgarh HC2 Jul 2019CRMP/1062/2019

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed an application for condonation of a 125-day delay in filing an application for leave to appeal. The application seeking leave to appeal against the accused's acquittal was dismissed for lack of substance due to the hostile statement of the victim.

What did the court decide?

The application for condonation of delay was allowed. The application for leave to appeal is dismissed.

What the court decided

AI extract

Outcome

The application for condonation of delay was allowed. The application for leave to appeal is dismissed.

Issue for consideration

Whether the delay in filing an application seeking leave to appeal should be condoned. +1 more

Detailed headnote1 paragraphs

The application for leave to appeal was dismissed as it lacked substance in view of the trial court's acquittal based on the hostile statement of the victim who retracted the prosecution case. The delay in filing the application by 125 days was condoned upon hearing the learned State counsel.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

1

CRMP No. 1062 of 2019

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

CRMP No. 1062 of 2019

State of Chhattisgarh Through Station House Officer, Police Station- Jashpur, District- Jashpur, Chhattisgarh.

---- Applicant

Versus

Ejinius Ekka S/o Anantiyus Ekka Aged About 45 Years Caste- Uraon, R/o Chote Karounja, Police Station- Jashpur, District- Jashpur, Chhattisgarh.

---- Respondent

For Applicant-State :- Shri Neeraj Mehta, PL

Hon'ble Shri Prashant Kumar Mishra

Hon'ble Shri Gautam Chourdiya, JJ. Order on Board

By

Prashant Kumar Mishra, J

02/07/2019

Heard learned State counsel on I.A. No.1 as also on

admission.

I.A. No.1 of 2019

This is an application for condonation of delay in filing the

application seeking leave to appeal.

On due consideration, the application is allowed and delay

2

CRMP No. 1062 of 2019

of 125 days in moving the application is condoned.

Accused was sent for trial for committing offence under Sections 294, 506 and 307 of IPC. Though, the victim, PW12 (Rahul Kujur) has suffered injuries over his neck and chest by means of knife, when examined in Court, the victim has turned hostile and has not supported the prosecution. He has stated that after consuming Hadia (हडडयय) (local brewd country made liquor) together he was lying beneath a Bargad (banyan) tree and on his return journey he fell and sustained injuries over his body and further that no one has assaulted him to cause the injury.

In view of the above statement of the victim, the trial Court has rightly acquitted the accused.

Accordingly, there is no substance in this application seeking leave to appeal, it fails and is hereby dismissed.

Sd/Sd/(Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge

Ankit

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the delay in filing an application seeking leave to appeal should be condoned.
2.
Whether the High Court should grant leave to appeal against an acquittal.

Parties & counsel

AI extract

applicant
State of Chhattisgarh Through Station House Officer, Police Station- Jashpur
respondent
Ejinius Ekka

Coram

AI extract

Prashant Kumar Mishra
Gautam Chourdiya

Case details

As recorded by the court registry

Court: Chhattisgarh HC
Decided on: 2 Jul 2019 · July
Registered: 25 Apr 2019
Case no.: CRMP/1062/2019
CNR: CGHC010127002019
Topic: Criminal Trial and Appeal
Bench: Prashant Kumar Mishra Gautam Chourdiya
Disposal: DISMISSED

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Cite this judgement

State of Chhattisgarh v. Ejinius Ekka, CRMP/1062/2019 (CG), decided on 2 July 2019.

The High Court of Chhattisgarh publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Prashant Kumar Mishra and Gautam Chourdiya

Parties & counsel