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Judgment
Prashant Kumar Mishra, J
Heard learned counsel for the parties on I.A. No.1, application for condonation of delay in filing the Cr.M.P. as also on admission.
On due consideration, the delay of 406 days in filing the CRMP No. 274 of 2014 Cr.M.P. is condoned. Accordingly, I. A. No.1 is allowed.
The trial Court has acquitted the accused of the charges under Sections 148, 307 read with Section 149, Section 302 read with Section 149 and Section 396 of IPC.
26 accused were sent for trial for the above offences on the allegation that between 1:00 pm to 4:30 pm on 29.06.2010 about more than 200 armed Naxalites attacked police patrolling team at village Kousharlnar, Police Station Dhoudai, District - Narayanpur and opened fired on them causing death of 27 policemen. Naxalites also looted the rifles and cartridges.
During investigation memorandum statement of accused- Pati Ram was recorded on 25.08.2011, thereafter, other accused were arrested and their memorandum statements were also recorded. Pursuant to the memorandum statements axe, wire, naxal pamphlate, pipe bomb, banners, detonators, tiffin bomb, etc., were recovered.
The prosecution has examined only 5 witnesses to bring home the charges, however, none of the witnesses have made any statement that they have seen the nexalies and would recognize them. The accused persons were never sent for test identification parade. The witnesses to the memorandum and seizure have turned hostile. Thus, in the CRMP No. 274 of 2014 absence of cogent and reliable evidence the trial Court has acquitted the accused persons.
We have scrutinized the record carefully. The view taken by the trial Judge is borne out from the evidence on record and the same does not appear to be perverse.
No case for grant of leave to appeal is made out. Accordingly, Cr.M.P. is dismissed.