1 2025:CGHC:37446-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 180 of 2017 State Of Chhattisgarh Through The Incharge, Police Station Gandhinagar, District- Surguja(CG) --- Appellant versus 1 - Amit Dubey S/o Anil Dubey, Aged About 27 Years R/o Navki Mod, Rajpur Police Station Rajpur, District Balrampur (CG) 2 - Chandrabhan Mishra S/o R P Mishra Aged About 38 Years R/o Moulvi Bandh, Namnakala, Presently R/o Sattipara, Ambikapur, Police Station Ambikapur, District- Surguja (CG) ---- Respondents For Appellant/State :Ms. Pragya Pandey, Dy. Government Advocate For Respondents :Shri V.K. Pandey, Advocate AND ACQA No. 189 of 2017 Aman Agrawal S/o Late Shri Sanjay Agrawal, aged about 24 years R/o Sath Basant Lal Garg Ambikapur, District Surguja (CG) ---Appellant Versus 1. State of Chhattisgarh Through Police Station Gandhi Nagar (Ambikapur), District Surguja (CG) SUNITA GOSWAMI Digitally signed by SUNITA GOSWAMI Date: 2025.07.31 18:40:00 +0530 2 2 - Amit Dubey, S/o Anil Dubey, Aged About 27 Years R/o Navki Mord Rajpur, Police Station Rajpur, District Balrampur (CG) 3 - Chandrabhal Mishra, S/o R. P. Mishra, Aged About 38 Years R/o Moulvi Bandh Namnakala, At Present R/o Sattipara, Ambikapur, Police Station Ambikapur District Surguja (CG) ---- Respondents For Appellant :Shri Rohan Shukla, Advocate For State/Respondent No.1:Ms. Pragya Pandey, Dy. Government Advocate For Respondents No. 2 & 3 :None, though served. Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Radhakishan Agrawal Judgment on Board. 31.07.2025 Per Sanjay S. Agrawal, J. 1. Since both these appeals arise out of the impugned judgment dated 02.11.2016 passed by the Sessions Judge, Ambikapur, District Surguja (CG) in Sessions Trial No.10/2014, whereby, the respondents have been acquitted with regard to the offence punishable under Section 302/34 of IPC, they are being disposed of by this common judgment. 2. From perusal of the record, it appears that the respondent No.1- Amit Dubey and respondent No.2- Chandrabhal Mishra, have been charge-sheeted with regard to the offence punishable under Section 302/34 of IPC for the commission of the murder of one Sanjay Agrawal. It is alleged by the prosecution that on 15.09.2013, an information was received by the deceased’s brother, namely, Krishna Kumar Agrawal (PW-10) from one Shailesh that his brother was assaulted in his 3 Farmhouse and upon receiving the said information, he rushed to the spot, where he has seen his brother lying dead and said Shailesh informed him that two persons namely, Kalyaniyus and Rajesh have seen the alleged incident, as they were informing that they dragged his brother towards the bushes and assaulted him on his head with the aid of ‘spade’, owing to which, blood was oozing from his head and, according to the postmortem report (Ex.P-18), the cause of death of the deceased was opined by Dr. Vikash Agrawal (PW-9) to be coma, which occurred due to head injury caused by hard and blunt object. 3. It appears further that based upon the disclosure statement (Ex.P-7) of the respondent No.2- Chandrabhal, a spade with bloodstained was recovered from him vide Ex.P-11 in presence of two witnesses, namely, Shailendra Garg (PW-4) and Bajrang Agrawal (PW- 18), while an amount of Rs.6,690/- was recovered from him, vide Ex. P-9 and, a Jeans Pant and T-Shirt of him (Chandrabhal) stained like a blood was recovered vide Ex.P-12. It appears further that a Jeans Pant and Full Shirt with bloodstained was recovered from the respondent No1- Amit Dubey, vide Ex. P-13 and an amount of Rs.10,280/- was recovered from him, vide Ex.P-8, while a Pulsar motorcycle bearing registration No.CG 15 CL 2582 along with three ATM cards, owned by the deceased and a mobile set vide Ex.P-10. 4. Perusal of the record would show further that a bloodstained “spade and soil” was recovered from the spot vide Ex.P-25 and, the articles, so recovered, were sent for chemical examination and according to the FSL report (Ex. P-45’A’), human blood was found on the “soil”, marked as Article “A”, as well as the Jeans Pant of the 4 respondent No.2-Chandrabhal, marked as “G1”, but group “A” alone was, however, detected from the alleged “Jeans Pant” of respondent No.2-Chandrabhal, as group of the alleged “soil” Article “A” could not be detected. It, thus, appears that the alleged blood group “A” was not found to be matched with that of the blood group of the deceased. No reliance, therefore, could be placed upon it. 5. Pertinently, to be noted here further that, though it was alleged by the prosecution that the alleged incident was seen by two witnesses, namely, Rajesh Tigga (PW-1) and Kalyaniyus Toppo (PW- 2), but both have turned hostile without supporting the prosecution story. In view thereof, the prosecution, thus, has, virtually failed to produce any cogent and reliable evidence, so as to hold that the respondents are involved for the commission of the alleged crime. The trial Court, has, therefore, not committed any illegality in acquitting the respondents from the commission of the alleged crime. 6. Consequently, both these appeals are dismissed. Sd/- Sd/- (Sanjay S. Agrawal) (Radhakishan Agrawal) Judge Judge sunita