1 2025:CGHC:49769-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 107 of 2018 • Pinki Sahu W/o Late Bhuwaneshwar Sahu, Aged About 30 Years, R/o Village Kopedih, Police Station Somni, District Rajnandgaon (C.G.). ---Appellant versus 1. State Of Chhattisgarh, Through Police Station Somni, District Rajnandgaon (C.G.). 2. Shriram Sahu S/o Teksingh Sahu, Aged About 50 Years, 3. Pitambar Sahu S/o Budhram Sahu, Aged About 24 Years, Both Are R/o Village Kopedih, Police Station Somni, District Rajnandgaon (C.G.). --- Respondents For Appellant : Mr. Khilendra Sahu, Advocate. For Respondents No. 1/State : Mr. Deepak Kumar Singh, P.L. For Respondents No.2 & 3 : None. ACQA No. 110 of 2018 • State Of Chhattisgarh, Through The In-charge Police Station Somni, District Rajnandgaon (C.G.). ---Appellant Versus 1. Shriram Sahu S/o Teksingh Sahu, Aged About 50 Years, R/o Village Kopedih, Police Station Somni, District Rajnandgaon (C.G.). CHANDRAKANT DEWANGAN Digitally signed by CHANDRAKANT DEWANGAN Date: 2025.10.07 17:50:23 +0530 2 2. Pitambar Sahu S/o Budhram Sahu, Aged About 24 Years, R/o Village Kopedih, Police Station Somni, District Rajnandgaon (C.G.). --- Respondents For Appellant/State : Mr. Deepak Kumar Singh, P.L. For Respondents No.1 & 2 : None. DB: Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment On Board Per Sanjay S. Agrawal, J 07/10/2025 1. Since both these appeals arise out of the common judgment dated 01.03.2017 passed by the Additional Sessions Judge (Atrocities), Rajnandgaon (C.G.) in Sessions Trial No.85/2015, whereby, the respondents- Shriram Sahu and Pitambar Sahu have been acquitted with regard to the offence punishable under Sections 302/34, 201/34, 120-B/34 and 328/34 IPC, they are being disposed of by this common judgment. 2. It is alleged by the prosecution that on 24/09/2015, the complainant- Lakhan Lal, who was the cousin of the deceased- Bhuwaneshwar Sahu, received an information that his brother has died and upon knowing the said fact, he reached the spot and found the froth was coming on his mouth and on the basis of the inquiry based upon the alleged information, it was revealed that the respondents- Shriram Sahu and Pitambar Sahu have taken a loan from the deceased, but were unable to repay the same and, therefore, in order to avoid to 3 pay the alleged loan amount, a plan was made for committing the murder of the deceased and, in consequent upon their alleged intention, they have mixed some poisonous substance in the drink of the deceased. Based upon the alleged allegations, the respondents- Shriram Sahu and Pitambar Sahu have, thus, been charge-sheeted with regard to the offence mentioned herein-above. 3. From perusal of the record, it appears that the autopsy of the dead body of the deceased was conducted by Dr. Dutta Sorve (PW-21), who vide his postmortem report (Ex.P-26) has suspected that it was a case of poisoning and, accordingly viscera of the deceased was sent for the chemical examination in order to ascertain the actual cause of his death. But, according to the FSL report (Ex.P-44), no poisonous substance is, however, found in the body of the deceased. No other materials have been placed on record by the prosecution, therefore, in absence of any cogent and reliable evidence led by the prosecution, the trial Court has, therefore, not committed any illegality in acquitting the respondents, i.e., Shriram Sahu and Pitambar Sahu, from the commission of the alleged crime, so as to call for any interference in these appeals. 4. The appeals being devoid of merit are, accordingly, dismissed. Sd/- (Sanjay S. Agrawal) Judge Sd/- (Sanjay Kumar Jaiswal) Judge Chandrakant