1 2025:CGHC:26115-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 185 of 2017 State Of Chhattisgarh Through- District magistrate, Balrampur- Ramanujganj, Chhattisgarh. ... Appellant versus Brijbihari Singh, S/o Ramsai Gond, Aged About 31 Years, Police Outpost Wadrafnagar, Police Station Basantpur, District Balrampur- Ramanujganj, Chhattisgarh. ... Respondent For State/Appellant : Mr. Ruhul Ameen, P.L. For Respondent : Mr. Anjiv Kumar Singh, Advocate appears on behalf of Mr. Bhupendra Singh, Advocate D.B:-Hon’ble Shri Justice Sanjay S. Agrawal, Hon’ble Shri Justice Radhakishan Agrawal Judgment on Board Per Sanjay S. Agrawal, J. 20/06/2025 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 23/12/2016 passed by the Court of Additional Sessions Judge, Ramanujganj PRASHANT DEWANGAN Digitally signed by PRASHANT DEWANGAN Date: 2025.06.20 19:38:10 +0530 2 of the Court of Second Additional Sessions Judge, Ramanujganj, District- Surguja (C.G.) in Sessions Trial No.R-106/2015, whereby, the respondent has been acquitted with regard to the offence punishable under Section 302 of IPC. 2. Briefly stated the case of the prosecution is that, on 06/10/2015, one Chait Singh (PW-1), who was the cousin of the deceased- Awadh Bihari, lodged a report before the Police Chowki- Wadrafnagar (Police Station- Basantpur) of District- Balrampur-Ramanujganj (C.G.), stating therein that said Awadh Bihari was the patient of heart disease and his two goats have entered the badi of the respondent- Brijbihari, who was his real brother, due to which, their wives started quarreling. It was stated further that upon listening the noise of altercation, he came out form his house and seen that Awadh Bihari, the deceased was biting the hand of his brother- Brijbihari and he (Brijbihari) was trying to escape himself and at that particular time, the wife of the deceased, namely, Sumariya Devi started beating the respondent- Brijbihari with the aid of stick and at that particular time, the said respondent slapped his brother- Awadh Bihari and, therefore, he (Chait Singh) and one Laxman intervened the dispute and separated them and after sometime, deceased- Awadh Bihari fell down and died. 3. Based upon the alleged information, an FIR (Ex.P/150) was registered by Police Station- Basantpur against the respondent for 3 the offence punishable under Section 302 of IPC in connection with Crime No.105/2015. Inquest (Ex.P/10) of the deceased was conducted on 06/10/2015 and was sent for autopsy, which was conducted by Dr. Vinod Singh (PW-12), who vide his report (Ex.P/12) opined the cause of death to be cardiac failure occurred as a result of coronary occlusion and, accordingly, the death of deceased was opined to be natural in nature. After completing the investigation, the concerned Investigating Officer has submitted his charge-sheet before the Judicial Magistrate First Class, Wadrafnagar against the respondent for the commission of offence under Section 302 of IPC and the matter was, thereafter, committed to the concerned trial Court, where the charge was framed under the said provision, which was denied by him and claimed to be tried. 4. In order to bring home the guilt of the respondent, the prosecution has examined as many as 14 witnesses and exhibited 17 documents, while one was examined by the respondent in his defence. 5. The trial Court, after considering the evidence led by the prosecution, held that the respondent is not involved in connection with the alleged crime and, accordingly, he has been acquitted from the commission of the alleged offence and, being aggrieved, the instant appeal has been preferred. 6. Learned counsel appearing for the State/appellant submits 4 that the finding of the trial Court holding that respondent is not the author of the alleged crime, is apparently contrary to the materials available on record, inasmuch as, the evidence led by the prosecution has not been scanned in its proper manner and, thereby, erred in acquitting the respondent as such from the commission of the alleged crime. 7. On the other hand, learned counsel appearing for the respondent has supported the impugned judgment of acquittal as passed by the trial Court. 8. We have heard, learned counsel appearing for the parties and perused the entire record carefully. 9. The respondent has been charge-sheeted with regard to the offence punishable under Section 302 of IPC with regard to the incident occurred on 06/10/2015. According to the prosecution, the goats of the deceased- Awadh Bihari was entered into the badi of the respondent- Brijbihari, owing to which, a quarrel took place between their wives and at that particular time, the deceased was biting the hand of the respondent- Brijbihari, who somehow escaped himself and at that particular time, he was assaulted by deceased’s wife- Sumariya with the aid of stick and at that time, he slapped his brother, the deceased- Awadh Bihari, and because of that, he fell down and died. 10. According to the prosecution, the alleged incident was seen by Chait Singh (PW-1), Rajkumar (PW-3), Laxman (PW-8) and 5 others. Chait Singh (PW-1), who lodged the alleged information regarding the occurrence of the incident occurred on 06/10/2015 has stated at paragraph 2 that, on the fateful day, the respondent was going somewhere else and he was followed by his brother- Awadh Bihari and his wife- Sumariya for assaulting him and at that particular time, said Awadh Bihari fell down, owing to unconsciousness and died. It appears further from his statement particularly, paragraphs 5 and 7 that, he has infact not seen the alleged incident, nor the deceased was slapped by his brother- Brijbihari, the respondent herein. Insofar as the statement of Laxman (PW-8) is concerned, it appears that the deceased- Awadh Bihari was abusing his brother, the respondent, while using filthy words and became unconscious and has not seen that the alleged assault was made by the respondent and, it reveals further from his cross-examination that, he was not present when the alleged incident was taken place, while the statement of Rajkumar (PW-3) would show that the deceased on his own has fell down and, the borther of him, namely, Brijbihari has not assaulted him. 11. Deceased’s wife- Sumariya was examined as PW-2 and from perusal of her testimony, it appears that on the date of the incident, her husband was slapped by the respondent and because of that he fell down and died. However, the statement of her was not found to be supported by other prosecution witnesses as observed herein-above and, even the Dr. Vinod Singh (PW-12) 6 who conducted the autopsy of the dead body has opined that the death of the deceased was natural in nature. No cogent and reliable evidence has, thus, been led by the prosecution, so as to hold that the respondent was involved in connection with the alleged crime and, the trial Court has, therefore, not committed any illegality in acquitting him from the commission of the alleged crime, so as to call for any interference in this appeal. 12. The appeal being devoid of merit is, accordingly, dismissed. Sd/- Sd/- (Sanjay S. Agrawal) (Radhakishan Agrawal) JUDGE JUDGE Prashant