Order on Board

Per Ramesh Sinha, Chief Justice

30.04.2024

1. Heard Mr. Sangharsh Pandey, learned Government Advocate , appearing for the petitioner/State on IA No. 01/2023, which is an application for condonation of delay of 65 days in filing the petition.

2. After hearing the learned counsel for the petitioner/State and considering the reasons assigned in the application, we are of the considered opinion that sufficient cause has been shown in the application and accordingly IA No. 01/2023 is allowed and the delay of 65 days in filing the petition is condoned. Also heard application for grant of leave to appeal.

3. The State has sought leave to appeal against the impugned judgment of acquittal dated 15.11.2022 passed by the First Additional Sessions Judge, Ramanujganj, District- Balrampur- Ramanujganj (C.G.) in Sessions Trial Case No. 100/200 whereby the learned First Additional Sessions Judge has acquitted the respondents from the offences punishable under Sections 304-B read with 34 and in alternate Section 302 of IPC by giving benefit of doubt as the prosecution has failed to prove the charges beyond reasonable doubt.

4. Case of the prosecution, in brief, is that on 21.04.2020 the in