1 2025:CGHC:57730-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 327 of 2018 State Of Chhattisgarh, Through- Police Station- Sahaspur Lohara, District- Kabirdham (C.G.). ... Appellant versus 1 - Omcharan Sahu, S/o Late Shri Dhanukram Sahu, Aged About 33 Years, 2 - Mithilesh Sahu, S/o Beniram Sahu, Aged About 27 Years, Both are R/o- Village Salhevada, Police Station- Birsa, District- Balaghat (M.P.) ... Respondents For Appellant/State : Ms. Pragya Pandey, Dy. Govt. Advocate. For Respondent(s) : None. 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 under Section 378 of the Code of Criminal Procedure, 1973, questioning the legality and propriety of the judgment dated 27/12/2017 passed by the learned Sessions Judge, Kabirdham (Kawardha) (C.G.) in Sessions Case No.32/2016, whereby, the respondents have been acquitted with regard to the offence punishable under Section 302 NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.11.28 10:33:54 +0530 2 read with Section 34 of IPC. 2. It is alleged by the prosecution that in the intervening night of 07-08/06/2016, the deceased-Kamlesh Kumar, who was a Mason by profession, went along with the respondents-Omcharan Sahu and Mithlesh to the Primary School building at village Telitola for sleeping where, because of some money dispute, he was dashed from the terrace of the said building by the respondents, owing to which, he sustained head injuries and was examined by Doctor at village Mohgaon, who referred him to the Mekahara hospital at Raipur for his better treatment, but during the course of his treatment, he died on 11/06/2016. On account of his death, the Ward Boy of the concerned hospital has informed the Police Station, Modhapara, District Raipur and after receiving the said information, an investigation was carried out, where it was revealed from the witnesses that on the said fateful day, he was dashed by the respondents, owing to which, he sustained head injuries and died on 11/06/2016. Based upon that, the respondents have been charge- sheeted with regard to the offence mentioned herein above. 3. Although, it was alleged by the prosecution that on the said fateful day, the deceased-Kamlesh Kumar was dashed by the respondents, on account of some money dispute, from the terrace of the concerned school of village Telitola and from perusal of the statement of the wife (PW-1) of the deceased would show that on 08/06/2016, her husband was brought by the respondents in unconscious stage and she has seen the head injuries and when she asked about it, after leaving the respondents, it was informed by 3 him that he was dashed by the respondents because of some money dispute, but no report as such was, however, lodged by her immediately. Therefore, her statement appears to be a suspicious one and cannot be relied upon. That apart, when the deceased was referred to Mekahara hospital at Raipur, where he was treated from 08/06/2016 up to 11/06/2016 by Dr. Sanjeev Gupta (PW-10), but from perusal of his statement, the deceased, despite of his conscious position, had not informed him that he was dashed by the respondents, nor even the relatives of him informed him as such that he was dashed by the respondents. 4. In view of such circumstances and, in absence of any cogent and reliable evidence led by the prosecution, the trial Court has, therefore, not committed any illegality in acquitting them 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. Sd/- Sd/- (Sanjay S. Agrawal) (Radhakishan Agrawal) JUDGE JUDGE Kamde