The High Court allowed the State's application for leave to appeal under CrPC 378(2) and accepted leave for an acquittal appeal based on the conviction record and DNA evidence not considered by the trial court.
The application for leave to appeal is allowed; the acquittal appeal is admitted; a bailable warrant of Rs. 5,000/- is issued.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1231 of 2023
State of Chhattisgarh Through Police Station Nandghat, District Bemetara (CG)
---- Applicant
Versus
Rajesh @ Raju Jaiswal, S/o Shiv Singh, aged about 31 years, R/o – Binaika, Outpost-Maaro, Police Station Nandghat, District Bemetara (CG)
---- Respondent
(Cause-title taken from Case Information System)
For Applicant / State : Mr. Gagan Tiwari, Deputy Government Advocate.
Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri N.K. Chandravanshi Judge
Order on Board
Per Ramesh Sinha, Chief Justice
15.09.2023
1. The State has sought leave to appeal against the impugned judgment of acquittal dated 4.1.2023 passed by the Sessions Judge, Bemetrara in Sessions Case No.28/2022, by which the respondent/accused has been acquitted of the charges punishable under Sections 302 and 201 of the Indian Penal Code.
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p.m. dead body of an unknown person aged about 30-35 years was found near Jogi Talab of village Gidhwa and an investigation was carried out. During investigation, missing information of a person named Deepak Rajput of village Putpura was received and after contacting his family members, they identified the body of the deceased as Deepak Rajput. The statements of the family members of the deceased were recorded after spot inspection and panchnama. Umashankar Rajput who is the son of the deceased in his statement has stated that on 25.03.2022 at night around 11 p.m. Raju Jaiswal of village Binaika visited his house and took his father with him and was missing since then. Upon finding of the dead body of Deepak Rajput, the deceased family suspected Raju Jaiswal and was enquired. Upon enquiry Raju @ Rajesh Jaiswal admitted his crime and memorandum statement was made in front of witnesses. Then, after collecting necessary evidence such as sharp weapon of iron, bloodstains clothes and motor-cycle against the accused/respondent, he was arrested and after due investigation, the charge-sheet was filed before the concerned Court of law against the accused / respondent under those Sections.
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5. Considering the facts and circumstances of the case and the evidence available on record, we are of the considered opinion that the present is a fit case where application under Section 378(3) of the CrPC deserves to be allowed. Accordingly, the application for leave to appeal under Section 378(2) of the CrPC is allowed.
6. Office is directed to register the case under the head of “Acquittal Appeal”.
7. The CrMP is disposed of accordingly.
8. The acquittal appeal is also stand admitted.
9. Let a bailable warrant of a sum of Rs.5,000/- be issued against the respondent / accused for his appearance before this Court on 31st October, 2023 .
Sd/- Sd/- -
(N.K. Chandravanshi) (Ramesh Sinha) Judge Chief Justice
Bablu
2 issues framed by the court
Whether the case constitutes a fit case for an appeal against acquittal under Section 378(3) CrP.
Whether the lower court erred in disregarding a DNA profiling record while acquitting the accused.
3 provisions across 2 enactments
State of Chhattisgarh
Rajesh @ Raju Jaiswal
Ramesh Sinha
N.K. Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
