1 2025:CGHC:18772-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 12 of 2018 1 - State Of Chhattisgarh, Through The District Magistrate, Ambikapur, District Surguja (C.G.). ... Appellant versus 1 - Amir Khan S/o Ahsamul Khan, Aged About 25 Years, R/o Kadambi Chowk, Barejpara, Police Station Ambikapur, District Surguja (C.G.). 2 - Shabaj Khan S/o Harun Khan, Aged About 24 Years, R/o Barejpara, Kadambi Chowk, Police Station Ambikapur District Surguja (C.G.). 3 - Ritesh Yadav S/o Ramesh Yadav, R/o Gaddipara Ambikapur, District Surguja (C.G.). ... Respondent(s) For Appellant /State : Mr. Ratan Pusty, Govt. Advocate. For Respondent(s) : Ms. Seema Verma, Advocate. DB: Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Radhakishan Agrawal Judgment On Board Per Sanjay S. Agrawal, J 25/04/2025 1) This appeal has been preferred by the appellant/State under Section 378 of the Code of Criminal Procedure, 1973, questioning the CHANDRAKANT DEWANGAN Digitally signed by CHANDRAKANT DEWANGAN Date: 2025.04.25 17:30:22 +0530 2 legality and propriety of the judgment dated 30/03/2017 passed by the learned 5th Additional Sessions Judge, Ambikapur, District Surguja (C.G.) in Sessions Trial No.27/2016, whereby, the Respondents have been acquitted from the offence punishable under Sections 294, 323, 506 Part-II and 302/34 IPC. 2) From perusal of the record, it appears that the respondents have been charge-sheeted with regard to the offence punishable under Sections 294/34, 323/34, 506 Part-II/34 and 302/34 IPC. It is alleged by the prosecution that on 30/09/2015, the deceased-Ismail had gone alongwith the respondents, namely, Amir Khan, Shabaj Khan, Ritesh Yadav and one Bhuiya (absconding accused), but did not return by evening, therefore, his brother, namely, Moin Khan searched about him and in the evening around 6:00 PM, he came to know that his deceased brother is in the District Hospital, Ambikapur and upon knowing the said fact, he reached the hospital where he has seen several injuries on his body and was found to be unconscious and was referred to the Mission Hospital on the next day, i.e. 01/10/2015 and, from where he was referred to RIMS Hospital, Ranchi (Jharkhand). The alleged fact was informed to him (Moin Khan) by the Director of Manish Provision Store, namely, Manish Upadhyay that his brother was assaulted by the respondents alongwith the said Bhuiya near the Old Bus Stand and thrown him near the village Lalmaati, owing to which, a report (Ex.P-1) was accordingly, lodged by him, i.e. the deceased’s brother, namely, Moin Khan on 04/10/2015, in connection with Crime No.557/2015, 3 for the offence punishable under Sections 294, 506, 323 read with Section 34 of IPC and after completing the investigation, the charge- sheet was submitted before the Chief Judicial Magistrate, Ambikapur and matter was, thereafter committed to the trial Court, where the charges as mentioned here-in-above have been framed and, the charges, so framed, were denied by them and claimed to be tried. 3) In order to establish the aforesaid allegations, Manish Upadhyay, the owner of the Manish Provision Store was examined as PW-5 and, it appears from his statement that on the fateful day, i.e. 30/09/2015 around 11:30 PM, there was a quarrel between the deceased-Ismail and Shahbaj, owing to which, he intervened the same and after 10- 15 minutes, they again started quarreling with each other at Jaistambh Chowk and, deceased was being assaulted by said Shahbaj. However, in his cross-examination, at para 4, he denied the alleged of his version and, deposed further that he (Shahbaj) was not assisted by Amir Khan and Bhuiya. Samir Khan (PW-2), who was with him (PW-5) has stated that he has seen the alleged incident, as was alleged by the prosecution, but it appears further from his testimony that upon seeing the alleged incident, he has not informed the alleged fact to deceased’s father, or any of his near relatives. His statement is, even otherwise not found to be corroborated by said Manish Upadhyay (PW-5), so as to hold that the deceased was being assaulted by the respondents. 4) Besides, on account of the alleged incident, occurred on 30/09/2015, the deceased was admitted into the District Hospital, Ambikapur 4 and, a bare perusal of the admit card (Bed Head Ticket), marked as Ex.P-5, proved by Dr. P.R. Shivhare (PW-3), it appears from his (PW-3) statement that he was informed by the person who brought him to the hospital that he got the alleged injuries because of the road accident and, thereafter, he advised for CT Scan and, that by looking to the condition of the deceased, he was referred to Holy Cross Hospital, Ambikapur where he was admitted on 01/10/2015 by his brothers, namely, Tabrez and Gulam Navi vide Ex.P-15 and, a bare perusal of it, would show that he sustained the alleged injuries owing to the road accident, as he himself fell down from the two wheeler at Luchkighat on 30/09/2015 at 5:00 PM and, Dr. Madhu (PW-6), who examined him on 01/10/2015 stated that the deceased was brought by his said brothers, namely, Tabrez and Gulam Navi and informed that he (deceased) fell down from the two wheeler at Luchkighat and is unconscious and after examining him, opined that the alleged injuries could be caused by falling as such, from the two wheeler. It appears further that he was, then shifted to RIMS Hospital, Ranchi (Jharkhand) where he died on 08/10/2015 and autopsy of the dead body was conducted by Dr. Jyotish Gudiya (PW- 13), who vide his report (Ex.P-29) opined that he died because of the head injuries. No cogent and reliable evidence has, thus, been led by the prosecution, so as to hold that the respondents are involved in connection with the alleged crime, and the trial Court has, therefore, not committed any illegality in acquitting them as such. 5 5) The appeal, being devoid of merit is, accordingly, dismissed. -Sd/- (Sanjay S. Agrawal) Judge -Sd/- (Radhakishan Agrawal) Judge Chandrakant