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2024 Supreme(Online)(CG) 370

HIGH COURT OF CHHATTISGARH
State of Chhattisgarh – Appellant
Versus
Surit Diwakar – Respondent


NAFR HIGH COURT OF CHHATTISGARH, BILASPUR ACQA No. 265 of 2010 State of Chhattisgarh Station Incharge, Police Station Basantpur, Rajnandgaon, District Rajnandgaon (C.G.).

---- Appellant Versus Surit Diwakar, S/o Ramsnehi Diwakar, Aged about 35 years, R/o Housing Board Colony Kaurinbhatha, P.S. Basantpur Tahsil &

District Rajnandgaon (C.G.).

---- Respondent For Appellant/State : Mr. Ashish Shukla, Additional Advocate General.

For Respondent : None.

Division Bench Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board ( 04 . 03 . 2024 )

Sanjay Kumar Jaiswal, J.

1. This acquittal appeal has been preferred by the appellant/State against the judgment dated 29.07.2004 passed by the learned Sessions Judge, Rajnandgaon (C.G.), in Sessions Trial No.02 of 2004, by which, respondent herein has been acquitted of the charges punishable under Sections 304-B and 306 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) by extending him benefit of doubt.

2. The case of the prosecution, in brief, is that on 24.08.2003, at about 7:45 PM, respondent Surit Diwakar lodged a complaint at Police Station Basantpur that he was resident of House No.H.I.G 43,

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