The High Court condoned the delay in filing a Criminal Reference under Section 302 IPC. It held that the trial Court correctly acquitted the accused as the motive and conspiracy were not proved, and seized articles were not tampered with by forensic analysis links to the deceased.
The Criminal Reference was dismissed.
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. 432 of 2020
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 432 of 2020
---- Applicant
Versus
---- Respondents
For Applicant-State
:- Mr. Avinash Choubey, PL
Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Gautam Chourdiya Order On Board
By
Prashant Kumar Mishra, J
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CRMP No. 432 of 2020
14/02/2020
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CRMP No. 432 of 2020
Smt. Shyambati, wife of the deceased would state that they suspected Devprasad Nishad (accused No.1) only because villagers were saying that he was responsible for death of the deceased.
SD/SD/( Prashant Kumar Mishra ) ( Gautam Chourdiya ) Judge Judge
Ayushi
2 issues framed by the court
Whether the accused persons were rightly acquitted by the trial Court due to insufficiency of evidence regarding motive and conspiracy.
Whether the delay in filing the Criminal Reference is liable to be condoned regardless.
1 provisions across 1 enactments
State Of Chhattisgarh Through Station House Officer, Police Station Bade Dongar, District Kondagaon, Chhattisgarh
Devprasad Nishad
Pankuram Sori
Bulkuram Netam
Ishwar Netam
Prashant Kumar Mishra
Gautam Chourdiya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
