2024:CGHC:26150 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1655 of 2023 State Of Chhattisgarh Through- Police Station Kharora, District : Raipur, Chhattisgarh ... Petitioner versus Rupesh Kumar Sahu @ Chhotu S/o Lakhanlal Sahu Aged About 32 Years R/o - Rasni, Police Station Near BSNL Office, Police Station Arang, District : Raipur, Chhattisgarh ---- Respondent For Petitioner/State : Mr. Ajit Singh, Government Advocate Hon'ble Shri Justice Arvind Kumar Verma

Order on Board

19/07/2024

1. Heard finally.

2. Learned counsel for the petitioner/State has sought leave to appeal against the impugned judgment of acquittal dated 08.08.2022 passed by the Judicial Magistrate First Class, Raipur (C.G.) in Criminal Case No.4028/2018, whereby the respondent/accused has been acquitted from the offence punishable under Section 279, 337 & 338 (twice) of IPC, holding that the prosecution failed to prove the charge beyond reasonable doubt against the accused.

3. Case of prosecuction in brief is that there is an allegation that on

02.06.2018, Village Ghivra in front of house of Bihari Dhimar, Main Road coming under jurisdiction of Police Station Kharora, Raipur, which is also a public road, the accus