1 2025:CGHC:49082 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 249 of 2022 State Of Chhattisgarh, Through The In-charge, Police Station AJK, Janjgir, District Janjgir-Champa, Chhattisgarh. ... Appellant versus 1 - Jageshwar Kashyap S/o Harprasad, Aged About 50 Years, 2 - Jitendra Kashyap S/o Jageshwar Kashyap, Aged About 32 Years, 3 - Ritendra Kashyap S/o Jageshwar Kashyap, Aged About 26 Years, 4 - Parvit Kashyap S/o Samelal Kashyap, Aged About 25 Years, 5 - Sohan Chouhan S/o Kejuram, Aged About 26 Years, All Are R/o Village Jhulan, Police Station Pamgarh, District Janjgir-Champa, Chhattisgarh. ... Respondents For Appellant/State : Shri Arpit Agrawal, Panel Lawyer For Respondents : Shri Vivek Singhal, Advocate. Single Bench : Hon'ble Shri Justice Sanjay S. Agrawal Judgment On Board 24.09.2025 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 03.06.2022, passed by the Special SUNITA GOSWAMI Digitally signed by SUNITA GOSWAMI Date: 2025.09.24 18:52:11 +0530 2 Judge, Janjgir, District Janjgir-Champa (C.G.) in Special Sessions Trial No.12/2021, whereby, the respondents have been acquitted with regard to the offence punishable under Sections 147, 294, 506 Part-II, 186, 353, 332/149 and 323/149 of IPC, read with Sections 3(1)(r)(s) and 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. From perusal of the record, it appears that a written report (Ex.P-1) was lodged by the complainant- Shabbir Kumar Chouhan, who was working as a ‘Rojgar Sahayak’ of the village-Jhulan, before the Police Station- Pamgarh of District Janjgir Champa, alleging therein, that when construction of the pond was being done, the respondent No.1- Jageshwar Kashyap and others came and insisted him for entering the name of his persons in the ‘Muster Roll’ (Attendance Register) and, when it was denied, they got annoyed and started abusing him while using filthy words in the name of brother and sister and also in the name of his caste. It is alleged further that when the quarrel took place, his sister, namely, Kiran Chouhan came and intervened the matter, where she was also assaulted by the respondent No.1- Jageshwar Kashyap. Further of his allegation is that the ‘Muster Roll’ kept by him was torn by the respondent No.1- Jageshwar Kashyap and, the said respondents along with others have assaulted him, owing to which, he sustained pain on his backside, chest and hand and, based upon the alleged information, the respondents have been charge-sheeted with regard to the offence mentioned herein-above. 3. In order to establish the alleged allegations, the complainant- Shabbir Kumar Chouhan was examined as PW-1 and, a bare perusal of his 3 statement would reveal the fact that although, it was deposed by him that on account of the alleged assault, he sustained injuries on his ear, shoulder, backside, head and also sustained internal injuries, but when he was examined by the Dr. Hemant Kumar Lahre (PW-3), no injury as such, was, however, found on his body. It reveals further from his testimony that on the said fateful day, the respondents were insisting him to enter the name of Jitendra, the son of respondent No.1- Jageshwar Kashyap in the alleged ‘Muster Roll’, but the said fact was, however, not reflected from his alleged report (Ex.P-1). Besides, although it was alleged by him in his said complaint that when the alleged incident had taken place, it was intervened by his sister- Kiran Chouhan, but, he has, however, not stated as such in his testimony, nor was found to be supported by Shiv Kumar (PW-2), the eye-witness, that his sister had intervened the alleged incident, nor the ‘Muster Roll’ kept by him was torn by the respondent No.1 and, the other eye- witnesses, namely, Rajaram Kashyap (PW-4) and Safura Bai (PW-7) have also not stated that on the said fateful day, the alleged incident was intervened by his sister- Kiran Chouhan, nor the Muster Roll (Attendance Register), was torn by said Jageshwar Kashyap. Since none of the witnesses, including the complainant, have stated that his sister had intervened the matter, therefore, the statement of the Dr. Hemant Kumar Lahre (PW-3), who examined her, cannot be said that she was examined with regard to the injuries sustained by her on account of the alleged incident, occurred on 15/05/2020. In view thereof, the statement of Kiran Chouhan (PW-9) that she was treated by the said Doctor with regard to the alleged incident cannot be relied upon. It is to be seen further from the statement of the complainant- 4 Shabbir Kumar Chouhan and his cousin/sister -Kiran Chouhan that the alleged report was registered only upon the political pressure being made. 4. In view of the material contradictions, as revealed from the written report (Ex.P-1), lodged by the complainant- Shabbir Kumar Chouhan and his statement recorded before the Court, coupled with non- corroboration of his testimony by others, the trial Court has, therefore, not committed any illegality 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. S /- Sd/- (Sanjay S. Agrawal) JUDGE sunita