1 2025:CGHC:39401-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No.242 of 2018 State Of Chhattisgarh Through The In-charge Police Station Ambikapur, District Surguja (CG) ... Appellant versus 1 - Rajkumar Harijan S/o Lattiram Harijan Aged About 49 Years R/o Village Bouripara, Ambikapur, District Surguja (CG) 2 - Babulal Harijan S/o Vishwanath Harijan Aged About 55 Years R/o Village Bouripara, Ambikapur, District Surguja (CG) 3 - Smt. Sili Bai S/o Rajkumar Harijan Aged About 35 Years R/o Village Bouripara, Ambikapur, District Surguja (CG) 4 - Akash Choudhary S/o Rajkumar Choudhary Aged About 22 Years R/o Village Bouripara, Ambikapur, District Surguja (CG) ... Respondent(s) For Appellant : Shri Sachhidanand Yadav, Panel Lawyer For Respondent(s) : None, though served. DB: Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Radhakishan Agrawal Judgment On Board Per Sanjay S. Agrawal, J 07/08/2025 1) This appeal has been preferred by the appellant/State under Section 378 of the Code of Criminal Procedure, 1973, questioning the legality and propriety of the judgment dated 16.08.2017 passed by the learned 5th Additional Sessions Judge, Ambikapur, District SATISH TUMANE Digitally signed by SATISH TUMANE Date: 2025.08.07 16:53:21 +0530 2 Surguja (C.G.) in Sessions Trial No.05/2017, whereby, the respondents have been acquitted with regard to the offence punishable under Sections 294, 323, 506 and 307 of IPC, read with Section 34 of IPC. 2) According to the prosecution, a report (Ex.P-9“C”) was lodged by the complainant, namely, Chhotu Ram, on 27.06.2016, alleging therein that in the evening of the said day, an altercation took place between the complainant and the Respondent No.4-Aakash S/o Rajkumar over an issue of eating/drinking, as a result of which, Aakash assaulted the complainant on his head and left leg with the aid of stick and, based upon the alleged information, an enquiry was conducted and during the course of enquiry, the complainant was examined medically by Dr. Ashok Kumar Toppo (PW-9), who vide his MLC Report (Ex.P-19) found as many as six grievous injuries and, vide Ex.P-8, an iron rod was found to be recovered from the Respondent No.4-Aakash on 20.09.2016 in presence of two witnesses, namely, Ramdev Gupta (PW-5) and Jageshwar Kurre (PW-8) and the respondents were found to be involved in the alleged incident based upon the said enquiry and, they have, thus, been charge-sheeted with regard to the offence mentioned herein-above. 3) It, however, appears from a perusal of the report (Ex.P-9“C”), lodged by the complainant-Chhotu Ram, that he was assaulted by the Respondent No.4-Aakash with the aid of stick, but, no stick as such, was recovered and, instead, an iron rod was shown to be recovered from him on 20.09.2016 vide Ex.P-8, i.e. about three months after 3 the occurrence of the alleged incident in presence of two witnesses, namely, Ramdev Gupta (PW-5) and Jageshwar Kurre (PW-8), who have, however, not supported that the alleged weapon was recovered from him. 4) That apart, the complainant-Chhotu Ram, who lodged the alleged report (Ex.P-9”C”), was examined as PW-2, but a bare perusal of his testimony would, however, show that he was not assaulted as such by the Respondent No.4-Aakash with the aid of iron rod either on his head or on his left leg and, wife of him, Ritu Bai (PW-3) has also not supported the alleged allegations, as were levelled by him on 27.06.2016. The trial Court, after taking note of these materials, has, therefore, not erred in acquitting the respondents from the commission of the alleged crime, so as to call for any interference in this appeal. 5) The appeal, being devoid of merit, is accordingly dismissed. SD/- (Sanjay S. Agrawal) Judge SD/-D/SD (Radhakishan Agrawal) Judge Tumane