The Chhattisgarh High Court condoned the 151-day delay in filing the Cr.M.P. reviewing an accused's acquittal in a murder trial, noting evidentiary gaps regarding witness identification.
The conditional appeal is rejected and the acquittal of the accused is upheld.
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.
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CRMP No. 446 of 2019
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 446 of 2019
---- Applicant
Versus
–----Respondent
For Appellant-State
:- Ms Madhunisha Singh, PL
Hon'ble Shri Prashant Kumar Mishra Hon'ble Shri Gautam Chourdiya, JJ.
Order on Board By Prashant Kumar Mishra, J
18/09/2019
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CRMP No. 446 of 2019
of the prosecution was based on the statement of PW-1, Zabin Begum, PW-2, Maulana Basheer, and PW-3, Mumtaz. In addition, memorandum statement of the accused and consequent recovery of knife (Ustara) were also pressed into service. In the charge-sheet the prosecution did not refer the above named 3 witnesses to be eye witnesses, yet PW-3, Mumtaz deposed in the Court that she has witnessed the accused committing murder of her step daughter, Shadia Fatima. Neither in the Dehalti Nalasi lodged by PW-2, Maulana Basheer, nor in the case diary statement of PW-3, Mumtaz, or any other witnesses, they informed the police about name of the assailant. Thus there is material omission in the diary statement of PW-3, Mumtaz, which is fatal to the case of the prosecution.
Sd/Sd/(Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge
Ankit
3 issues framed by the court
Whether the delay in filing the criminal miscellaneous petition should be condoned.
Whether the presentment of the appellant for appeal against the acquittal of the accused deserves to be allowed.
Whether the present batch of records demands to be remanded for a fresh trial.
2 provisions across 1 enactments
State of Chhattisgarh Through Station House Officer, Police Station-Tikrapara, District-Raipur, Chhattisgarh
Md. Imtiyaz Khan @ Saddam S/o Md. Ali
Prashant Kumar Mishra
Gautam Chourdiya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
