1 2025:CGHC:42853-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 300 of 2025 State Of Chhattisgarh Through Police Station Kunda, District Kabirdham (C.G.) ... Appellant versus Ahiman Nishad S/o Labho Nishad Aged About 37 Years R/o Village Jogipur, Police Station Pipariya, District Kabirdham (C.G.) ... Respondent For State/Appellant : Mr. Ratan Pusty, Govt. Advocate D.B:-Hon’ble Shri Justice Sanjay S. Agrawal & Hon’ble Shri Justice Radhakishan Agrawal Judgment on Board Per Sanjay S. Agrawal, J. 25/08/2025 1. This appeal has been preferred by the appellant/State under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, questioning the legality and propriety of the judgment dated 29/06/2024 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989, Kabirdham (C.G.) in Atrocity Special Case No.173/2023, whereby, the respondent has been acquitted with regard to the offence punishable under Section 302 of IPC read with Section 3(2)(v) of PRASHANT DEWANGAN Digitally signed by PRASHANT DEWANGAN Date: 2025.08.25 18:33:27 +0530 2 [Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989] (hereinafter referred to as “the SC/ST Act”). 2. According to the prosecution, the deceased, namely, Urvashi Joshi, the wife of complainant- Dinesh Joshi, had gone to her field on 13/06/2021, but did not return till 01:00 P.M., therefore, the complainant- Dinesh Joshi asked with his brother, namely, Motiram about his wife, who then went to the field and thereafter informed that his wife is lying dead in the field with pool of blood and, upon receiving the said information, he lodged the reports (Exs.P/12 and P/13) raising a doubt that some unknown has committed the murder of his wife and based upon it, the concerned Police Station, has registered an FIR (Ex.P/22) against an unknown person for the offence punishable under Section 302 of IPC. 3. Inquest of the dead body was conducted vide Ex.P/11 and was sent for autopsy, which was conducted by Dr. Keshav Kumar Jaiswal (PW-9), who vide his report (Ex.P/18) opined the cause of death to be head injury occurred with hard and blunt object. During the investigation, a Rapli (Kudali/like a Spade) was recovered with like a human blood stain on 29/03/2022 vide Ex.P/3 from the respondent, based upon his disclosure statement (Ex.P/2) and was sent for chemical examination, but no blood was, however, found on it as per the report (Ex.P/32). After completion of usual investigation, the charge-sheet was submitted against the respondent and the concerned trial Court after considering the materials available on record has framed the charges against him under Section 302 of IPC read with Section 3(2)(v) of SC/ST Act, which was denied by him and claim to be 3 tried. 4. In order to establish the alleged allegation, the husband of the deceased, namely, Dinesh Joshi was examined as PW-6 and, from perusal of his testimony, it appears that his younger brother, namely, Kamlesh Joshi had mortgaged 60 dismil of his land with the respondent for the security of the loan amount of Rs.20,000/- and since some dispute arose between him (Dinesh) and the respondent regarding the interest payable on it, a quarrel took place, owing to which, he was slapped by the respondent and, it appears further that when he informed regarding the alleged assault to his wife- Urvashi Joshi, she then came and slapped the respondent 6 to 7 times. He deposed further that at that time, she was threatened by him to kill. Further of his testimony, particularly paragraph 9, would, however, reveal the fact that the brother-in-law of him had lodged the report not only against him (Dinesh Joshi), but other of his family members, as she was harassed and maltreated by them and, the complainant has also lodged the report for its impartial enquiry that under what circumstances, his wife has died. 5. Be that as it may, the respondent- Ahiman Nishad has been implicated for the commission of the alleged crime, as he has threatened the deceased when he was slapped by her and, in order to establish the alleged allegation, the weapon, Rapli (Kudali/like a Spade), alleged to have been used, was recovered from the respondent vide Ex.P-3 on 29/03/2022 in presence of two witnesses, namely, Ramfal (PW-1) and Anjori Ram Dhurve (PW-2), but both have, however, turned hostile without supporting the alleged seizure, nor the 4 blood was found on it, as evidenced from the FSL report (Ex.P/32). No cogent and reliable evidence has, thus, been led by the prosecution in order to attribute the respondent for the commission of the alleged crime and, the trial Court after taking note of those materials has not erred in acquitting him from the commission of the alleged crime. 6. In view of above, the appeal, being devoid of merit is, accordingly, dismissed at the admission stage itself. Sd/- Sd/- (Sanjay S. Agrawal) (Radhakishan Agrawal) JUDGE JUDGE Prashant