1 2025:CGHC:48498-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 24 of 2016 • State Of Chhattisgarh, Through The Station House Officer, Police Station Keshkal, District Kondagaon (C.G.). ... Appellant versus • Lokendar Singh @ Kallu S/o Sabe Singh, Aged About 28 Years, Constable No.041716927, Occupation Service (C.R.P.F.), R/o Village Parabaskhurd, P.S. Sivniya, Tahsil Ambah, District Muraina (Madhya Pradesh). Present Address C.R.P.F. Camp C/39 Camp, Chhote Dongar, P.S. Chhote Dongar, District Narayanpur, (C.G.). .. ... Respondent For Appellant/State : Mr. Deepak Kumar Singh, P.L. For Respondent : Mr. Shobhit Koshta, Advocate. DB: Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment On Board Per Sanjay S. Agrawal, J 22/09/2025 1) This appeal has been preferred by the Appellant/State under Section 378(1) of the Code of the Criminal Procedure, 1973, questioning the CHANDRAKANT DEWANGAN Digitally signed by CHANDRAKANT DEWANGAN Date: 2025.09.22 17:32:01 +0530 2 legality and propriety of the judgment dated 04/12/2013 passed by the Additional Sessions Judge, Kondagaon, District Kondagaon (C.G.) in Sessions Trial No.445/2012, whereby, the Respondent- Lokendar Singh @ Kallu has been acquitted with regard to the offence punishable under Sections 302 and 307 of IPC. 2) It is alleged by the prosecution that the respondent, the deceased, namely, Sudhir Kumar Padhi and one Sapan Kumar Das, were posted as Constables in C.R.P.F. Camp C/39, Chhotedongar, District Narayanpur (C.G.) and on the date of incident, i.e., 04/03/2012 around 09:45 PM, the respondent, on account of some quarrel, fired through his rifle upon the deceased, owing to which, he sustained injuries and died. It is alleged further that said Sapan Kumar Das, who was present on the spot, has also sustained certain injuries and based upon the alleged information lodged by him (Sapan Kumar), the respondent was charge-sheeted with regard to the offence mentioned herein-above. 3) The alleged incident was occurred in presence of said Sapan Kumar Das, the Constable, however, a bare perusal of his (PW-8) testimony, would reveal the fact that neither he has seen that the deceased has sustained the alleged gun shot injury, nor was aware that what was conspired between the respondent and the deceased. It appears further from his testimony that, in fact, he fled away from the spot after hearing the noise of Kartoos and deposed further that he was neither assaulted by the said respondent, nor was examined 3 medically. He was even not found to be placed on the spot, as reveled para 4 from his testimony. 4) Insofar as, the evidence of Rajendra Kumar (PW-3), Raghunath Das (PW-4) and Sugindar Ram (PW-5), is concerned, who were alleged to have seen the incident, it appears that they have also not supported the alleged version of the prosecution, as none of them have stated that they have seen the alleged incident, nor even the weapon/rifle, alleged to have been used for the commission of the alleged crime, was recovered from the respondent. 5) In view of above, no cogent and reliable evidence has, thus, been led by the prosecution, so as to hold that the respondent was involved for the commission of the alleged crime and, the trial Court, after taking note of those materials has, thus not committed any illegality in acquitting him from the commission of the alleged crime. 6) The appeal being devoid of merit is, accordingly, dismissed. Sd/- (Sanjay S. Agrawal) Judge Sd/- (Sanjay Kumar Jaiswal) Judge Chandrakant