Dismissed

State of Chhattisgarh v. Pradeep Sahu

Chhattisgarh HC3 Jul 2019CRMP/1476/2019

Case brief

AI extract

What is this about?

The High Court allowed an application for condonation of delay in filing a leave to appeal. It dismissed the petition for leave to appeal, holding the trial court's acquittal in a dowry death case was borne out by material on record.

What did the court decide?

Delay of 22 days in filing application for leave to appeal was condoned; application seeking leave to appeal was dismissed.

State of Chhattisgarh Vs Pradeep Sahu — Dowry and Cruelty | Chhattisgarh HC (2019)

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CRMP No. 1476 of 2019

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CRMP No. 1476 of 2019

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State of Chhattisgarh Through The Police Station Kanker, District- North Bastar, Kanker, Chhattisgarh.

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---- Applicant

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Versus

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Pradeep Sahu S/o Sukhchand Sahu Aged About 33 Years R/o Village Puswada, P.S. Kanker, District- North Bastar, Kanker, Chhattisgarh.

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---- Respondent

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For Applicant-State

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:- Ms Madhunisha Singh, PL

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Hon'ble Shri Prashant Kumar Mishra

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Hon'ble Shri Gautam Chourdiya, JJ.

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Order on Board

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Prashant Kumar Mishra, J

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03/07/2019

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Heard.

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I.A. No.1 of 2019

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This is an application for condonation of delay in filing the

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application seeking leave to appeal.

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CRMP No. 1476 of 2019

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On due consideration, application is allowed and delay of 22 days in filing application seeking leave to appeal is condoned.

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The default having already been removed by the State by filing necessary papers. We have heard learned State counsel for the applicant on admission.

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The trial Court has acquitted the accused of the charge under Section 304B in alternative under Section 306 of IPC. Deceased Nandini Sahu was married with the accused on 13.05.2013 and she died of hanging on 30.01.2018 in her matrimonial house. After merg inquiry, the FIR was registered on 24.02.2018. In their case diary statements, parents and other relatives of the deceased alleged demand of dowry and commission of other cruelty by the accused, however, when examined in Court, all of them have turned hostile and have not supported the case of prosecution.

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We have perused the deposition of PW-1 Shivram Sahu (father), PW-2 Basanti Bai Sahu (mother), PW-3 Tula Ram Sahu (uncle), PW-4 Lalit Sahu (independent witness), PW-5 Ashwant Sahu (independent witness), PW-6 Daneshwar Sahu (uncle), PW-7 Govind Prasad Shukla (independent witness), PW-8 Sarojani Dadara (independent witness) and PW-9, Narendra Kumar Sahu (brother-in-law of deceased).

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CRMP No. 1476 of 2019

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Barring few places in the statements, the parents of the deceased and her relatives as well, have not supported the prosecution. Thus, there is absolutely no material to the effect that the accused was demanding dowry or was committing such cruelty which dragged the deceased to such a situation where she had no other option but to commit suicide.

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Having seen the evidence, we are satisfied that the judgment rendered by the trial Court is borne out from the material on record.

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

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

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Ankit

State of Chhattisgarh v. Pradeep Sahu

Case brief

What is this about?

What did the court decide?

State of Chhattisgarh v. Pradeep Sahu

Case brief

What is this about?

What did the court decide?

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