Allowed

State of Chhattisgarh v. Mukesh

Chhattisgarh HC19 Sept 2023CRMP/873/2021

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed the State's application for leave to appeal under Section 378(3) CrPC against an acquittal. The trial court had acquitted the accused, who was alleged to have murdered his second wife with a sickle. The High Court considered the gravity of the offence and the recovery of the weapon as sufficient grounds to admit the appeal.

What did the court decide?

Application under Section 378(3) CrPC allowed; acquittal appeal admitted and registration ordered; bailable warrant issued.

State of Chhattisgarh Vs Mukesh — Murder and Culpable Homicide | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CRMP No. 873 of 2021

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State of Chhattisgarh, Through – Police Station – Jhilmili, Distt. Surajpur (C.G.)

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---- Appellant

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Versus

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Mukesh, S/o Madrakhaan Pando, aged about 35 years, R/o Village Kevra (Gaderiyadih), Police Station Jhilmili, Distt. Surajpur (C.G.)

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---- Respondent

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(Cause-title taken from Case Information System)

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For Appellant : Ms. Madhunisha Singh, Deputy Adv. General

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Hon'ble Shri Justice Ramesh Sinha, Chief Justice Hon'ble Mr. N.K. Chandravanshi

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Order on Board

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Per Ramesh Sinha, Chief Justice

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19.09.2023

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The present application for grant of leave to appeal under Section 378 (3) of Cr.P.C. has been filed by the appellant against the judgment of acquittal dated 24.03.2021 passed by Sessions Judge, Surajpur, District Surajpur (C.G.) in Sessions Trial No. 50 of 2019 whereby the respondent has been acquitted of the charge punishable under Section 302 of the IPC by giving benefit of doubt.

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Learned counsel appearing for the Appellant/State states that respondent/accused is said to have murdered his second wife by

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means of Sabbal and though the incident took place in the open place but there was a cogent evidence against the respondent/accused, as there is one eye-witness to the incident i.e. Ku. Mani (PW-1), who has supported the case of the prosecution in examination-in-chief but during cross-examination, she appears to have denied said allegations. She submits that deceased sustained as many as 13 injuries on her person, which could be caused by Sabbal and the blood stained Sabbal was recovered at the instance of the respondent/accused, in which, human blood was found, as such, it is prayed that instant CRMP granting leave to appeal may kindly be allowed.

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Having heard learned counsel for the State, having regard to the facts & circumstances of the case, nature & gravity of the offence, particularly considering that the fact that trial Court has acquitted the respondent/accused, who has brutally murdered his second wife by means of sabaal, which was recovered at the instance of the respondent/accused, as a result of which deceased sustained 13 injuries on her person and succumbed to these injuries, and further considering the postmortem report of the deceased, which was conducted by Dr. Malti Nag (PW-10), according to her, nature of death is homicidal, we are of the considered opinion that the present is a fit case where application under Section 378 (3) of CrPC deserves to be allowed. Accordingly, the application for leave to appeal is allowed.

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CRMP stands disposed of.

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The acquittal appeal also stands admitted.

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Registry is directed to register this case as regular acquittal appeal.

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Issue bailable warrant for a sum of Rs.5,000/- against the respondent/accused for his presence before this Court on 1^st November, 2023.

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Paper book be prepared as per High Court Rules, 2007.

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List this case on 1^st November, 2023.

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Sd/Sd/(N.K. Chandravanshi) (Ramesh Sinha) Judge Chief Justice

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Dubey/-

State of Chhattisgarh v. Mukesh

Case brief

What is this about?

What did the court decide?

State of Chhattisgarh v. Mukesh

Case brief

What is this about?

What did the court decide?

What the court decided

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