1 2025:CGHC:49160-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No.9 of 2023 S.D. Raj S/o Shri P.S. Raju Aged About 34 Years Permanent R/o Qtr. No.71, Brijraj Nagar, Dharampura, Chhatrapati Shivaji Ward, Jagdalpur, Bastar, Bhila Tahsil And District -Jagdalpur (C.G.) (Victim) ... Appellant/Victim versus 1 - State Of Chhattisgarh Through Police Station Bhansi, District - Dantewada (C.G.) 2 - Ramesh Bhaskar S/o Budhram Bhaskar Aged About 25 Years R/o Village Kamalur, Pujaripara, Police Station Bhansi, District - Dantewada (C.G.) 3 - Ramesh Kadti S/o Chamru Aged About 22 Years R/o Village Pandewar Kunjam Para, Police Station Fasarpal, District-Dantewada (C.G.) 4 - Mangal Bhaskar S/o Sukman Bhaskar Aged About 21 Years R/o Village Kamalur, Sarpanch Para, Police Station Bhansi, Distrct - Dantewada (C.G.) ... Respondent(s) For Appellant : Smt. Smita Jha, Advocate For Respondent(s) : Shri Sachhidanand Yadav, Panel Lawyer DB: Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment On Board Per Sanjay S. Agrawal, J 25/09/2025 1) This appeal has been preferred by the brother of the deceased under Section 372 of the Code of Criminal Procedure, 1973 questioning the legality and propriety of the judgment dated 20.10.2021, passed by the learned Sessions Judge, South Bastar, SATISH TUMANE Digitally signed by SATISH TUMANE Date: 2025.09.26 10:54:38 +0530 2 Dantewada (C.G.) in Sessions Trial No. 247/2019, whereby, the respondents No.2 to 4 have been acquitted with regard to the offence punishable under Sections 148, 294, 323, 506, 302 read with Section 149, 435 read with Section 149 of IPC and, also under Section 25 of the Arms Act. 2) It is alleged by the prosecution that on 05.12.2018 around 10 A.M., the deceased-Ganesh Naidu, who was contractor of the Jindal Steel Plant, was disbursing the labour payment to the labourers along with one Sandeep Mishra, the Assistant General Manager of the said Company. It is alleged further that at the relevant point of time, 8 to 10 unknown Naxalites came, armed with an axe, stick and rifle and assaulted the said contractor, owing to which, he died. They have also burnt the Bolero vehicle, owned by the said contractor and, threatened Sandeep Mishra, the Assistant General Manager of the said Company and, based upon which, the respondents No.2 to 4 have been charge-sheeted with regard to the offence mentioned herein-above. 3) It appears from perusal of the record that on account of the incident occurred on 05.12.2018, respondents No.2 to 4 have been arrested on 29.08.2019 and from the possession of respondent No.2-Ramesh Bhaskar, an axe was recovered vide Ex.P-6 in presence of two witnesses, namely, Ajay Kumar Salam (PW-6) and Kishore Patel (PW-2) and likewise, on the same date, an iron rod and gupti were recovered from the possession of respondent No.3-Ramesh Kadti 3 and respondent No.4-Mangal Bhaskar, respectively in presence of the said two witnesses. 4) It appears further from perusal of the record that at the relevant point of time, the deceased was along with one Sandeep Mishra, the Assistant General Manager of the Jindal Steel Plant, but a bare perusal of his (PW-9) testimony, would show that he has failed even to identify the said respondents. That apart, the alleged seized articles, though alleged to have been recovered from the respondents No.2 to 4 on 29.08.2019, but its attesting witnesses, namely, Ajay Kumar Salam (PW-6) and Kishore Patel (PW-2) have, however, failed to prove the same that the alleged articles were recovered from them. No cogent and reliable evidence has, thus, been led by the prosecution, so as to hold that the said respondents are involved for the commission of the alleged crime. 5) In view of such circumstances, the trial Court has, therefore, not committed any illegality in acquitting the said respondents from the commission of the alleged crime. The appeal, being devoid of merit, is accordingly dismissed at the admission stage itself. SD/- (Sanjay S. Agrawal) Judge SD/- (Sanjay Kumar Jaiswal ) Judge Tumane