The High Court dismissed the application for curtailment of the review of the acquittal of three accused persons charged with murder, sexual assault, and arson under IPC and the SC/ST Act. The court held that the quality of evidence was insufficient to warrant interference.
The Cr.M.P. challenging the acquittal 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. 928 of 2014
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 928 of 2014
---- Applicant
Versus
All R/o. Tehsilpara, Narayanpur, Distt. Narayanpur C.G.
---- Respondents
For Applicant-State :- Mr. Rajendra Tripathi, PL For Respondent/s :- Mr. Shashi Bhushan Tiwari, Advocate
Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Gautam Chourdiya
Order On Board
By
Prashant Kumar Mishra, J.
12/02/2020
Cr.M.P. is condoned. Accordingly, I.A. No.01, for condonation of delay is allowed.
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CRMP No. 928 of 2014
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CRMP No. 928 of 2014
floor and the accused persons were in the first floor. When he witnessed the deceased sustaining burn injuries she called accused – Prafull Jain on which he came downstairs and the deceased was taken to the hospital. He says that he will not be able to tell the Court as to the manner, the deceased sustained burn injuries and further that the deceased lived in the house of the accused as their family member. PW-4 Saurabh Awasthi supports the prosecution in so far as the recording of dying declaration is concerned, however, the dying declaration itself does not implicate the accused as the deceased has not stated name of the accused as the person responsible for setting her ablaze. In the dying declaration she clearly stated that someone poured kerosene oil from behind and set her ablaze but she could not see the face of the person. Significantly, she is not raising any allegation of commission of rape or sexual assault in her dying declaration against any of the accused person. PW-7 Kumari Lachani Verda, sister of deceased is not making any allegation against the accused. On the contrary she supports the accused by saying that her sister used to reside in the house of the accused but she was not treated as servant and further that her sister never complained about ill-treatment by any of the accused persons. PW-8 Smt. Situ Jain, an independent witness, has also not supported the prosecution.
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CRMP No. 928 of 2014
SD/SD/( Prashant Kumar Mishra ) ( Gautam Chourdiya ) Judge Judge
Ayushi
2 issues framed by the court
Whether the accused should be convicted despite allegations of sexual assault and arson given the lack of specific allegations in the dying declaration.
Whether the acquittal of the accused persons in the trial court deserves to be set aside in the public interest.
2 provisions across 2 enactments
The State Of Chhattisgarh Through The Distt. Magistrate Kondagaon, Chhattisgarh
Prafull Jain
Smt. Prabha Jain
Preetesh Jain
Prashant Kumar Mishra
Gautam Chourdiya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
