State of Chhattisgarh v. Nankiram Dewangan and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2008 Supreme(Online)(Chh) 46

CHHATTISGARH HIGH COURT
Rajesh Tandon, J
State of Chhattisgarh v. Nankiram Dewangan and Others

Table of Content
1. petition for leave to appeal needs to state sufficient grounds for delay. (Para 2 , 3 , 5)
2. trial court's finding based on credibility of witnesses influences perceptions of acquittal. (Para 4 , 6 , 7)
3. court affirms the dismissal of the leave petition based on lack of compelling grounds. (Para 8 , 9 , 10 , 13)

1. Heard.

2. The State has filed this petition under S.378(3) of the Code of Criminal Procedure for grant of leave to file an appeal against the judgment of acquittal dated 29-9-2006 passed by the Judicial Magistrate First Class, Jangir, in Criminal Case No. 493/2005.

3. The petition is barred by limitation of 405 days and I. A. No. 1 /08 has been filed for condonation of delay in filing the petition.

4. The brief facts are that charges were framed under S.294, 506 Part II and 447 of I.P.C. against the respondents on account of an alleged incident which took place at about 2.00 p.m. on 8-11-2001 in village - Pamgarh. The allegations are that they abused the complainant namely Dushyant Kumar (PW 2), threatened him and also demolished the wall, which was being constructed on the directions of the complainant. The complainant claims that the wall was being co

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