1 2025:CGHC:57684-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 252 of 2018 State Of Chhattisgarh Through The Police Station Champa District Janjgir Champa Chhattisgarh. ... Appellant versus 1 - Nirmal Singh @ Pappu Singh S/o Chandan Singh Aged About 26 Years R/o Nayapara, Champa, P. S. Champa, District Janjgir Champa Chhattisgarh. 2 - Navratan Vastrakar @ Bhurwa S/o Mohan Vastrakar Aged About 19 Years R/o Birra Road, Champa, P. S. Champa, District Janjgir Champa Chhattisgarh. 3 - Jai Singh @ Chhotu Singh S/o Chandan Singh Aged About 22 Years R/o Nayapara, Champa, P. S. Champa, District Janjgir Champa Chhattisgarh. 4 - Vikash Singh @ Vicky S/o Chandan Singh Aged About 23 Years R/o Nayapara, Champa, P. S. Champa, District Janjgir Champa Chhattisgarh. 5 - Jogendra Singh Rajput @ Jogendar S/o Late Amar Singh Aged About 39 Years R/o Kailash Nagar, Railway Colony, Champa, P. S. Champa, District Janjgir Champa Chhattisgarh. 6 - Shahbaz Ali @ Ali S/o Sharvade Ali Aged About 25 Years R/o Korwapara Champa, P. S. Champa, District Janjgir Champa Chhattisgarh. ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2025.11.27 18:22:24 +0530 2 7 - Khemchand Shrivas @ Golu Thakur S/o Chandulal Shrivas Aged About 19 Years R/o Lachhanpur Chowk, P. S. Janjgir District Janjgir Champa Chhattisgarh. 8 - Gopaldas @ Abhishek Mahant S/o Devi Prasad R/o Bhikhapara, Champa, P. S. Champa, District Janjgir Champa Chhattisgarh. 9 - Radhelal Vastrakar @ Radhe Patel S/o Mohanlal Aged About 39 Years R/o Tilaknagar, Champa, P. S. Champa, District Janjgir Champa Chhattisgarh. 10 - Sarfaraz Menan S/o Mahammad Rafiq Meman Aged About 36 Years R/o Ward No. 7, Sadar Bazar, Champa, P. S. Champa, District Janjgir Champa Chhattisgarh. ... Respondents For Appellant : Mr. Deepak Kumar Singh, P.L. For Respondents No.1 to 9 : Mr. Akhatar Husain, Advocate For Respondent No.10 : Mr. Gurudev I. Sharan, Advocate D.B:-Hon’ble Shri Justice Sanjay S. Agrawal & Hon’ble Shri Justice Radhakishan Agrawal Judgment on Board Per Sanjay S. Agrawal, J. 27/11/2025 1. This appeal has been preferred by the appellant/ State questioning the legality and propriety of the judgment dated 10.01.2018 passed by the Sessions Judge, Janjgr-Champa (Chhattisgarh) in Sessions Trial No.134/2016, whereby, the respondents have been acquitted with regard to the offence punishable under Sections 364/34 & 365/34 of IPC. 2. From perusal of the record, it appears that the respondents have been charge-sheeted on the allegation that on 26.08.2016, they assaulted the victim-Jayantdas @ Rimpudas 3 Mahant on account of some previous enmity and, the alleged incident was seen by one Ishwar Yadav (PW/1), who informed the occurrence of the alleged incident to the mother of the said victim, namely, Anita and his brother Nitin Das and, based upon such an allegation, the respondents have been charge-sheeted with regard to the offence mentioned herein-above. 3. At the out set, it appears from perusal of the statement of the victim- Jayantdas (PW/2) that on the said fateful day, he returned to his house after some quarrel with the respondents but, it appears further from his testimony that, infact, nothing was happened with him and, instead he was found to be attacked by some unknown persons, owing to which, he became unconscious. He has, thus, not alleged anywhere that he was assaulted by the respondents on the said fateful day, as alleged by the prosecution. Even, Ishwar Yadav (PW/1) who has seen the incident was unable to say that who were involved in the alleged incident. That apart, the mother of the victim namely, Anita Das Mahant (PW/3), who was informed by him (PW/1) regarding the occurrence of the alleged incident has, however, stated that, her son got injured on the said fateful day on account of some accident. 4. In view of such circumstances and in absence of any evidence, much less the cogent and reliable evidence, led by the prosecution, it is difficult to hold that the respondents were 4 involved for the commission of the alleged crime, alleged to have been occurred on 26.08.2016, so as to call for any interference in this appeal. 5. The appeal being devoid of merit is, accordingly, dismissed. Sd/- Sd/- (Sanjay S. Agrawal) (Radhakishan Agrawal) Judge Judge Arpan