1 2025:CGHC:52657-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No.1149 of 2024 Yugal Tamrakar S/o Bal Kishan Tamrakar, Aged About 49 Years R/o Village Sankri, P.S. Gunderdehi, Tahsil Gunderdehi, District Balod, Chhattisgarh. ...Appellant (Complainant) versus 1 - Satanand Yadav S/o Gopiram Yadav Aged About 38 Years R/o Village Sankri, P.S. Gunderdehi, Tahsil Gunderdehi, District Balod, Chhattisgarh. 2 - State Of Chhattisgarh Through Station House Officer, Police Station Gunderdehi, District Balod, Chhattisgarh. ... Respondents/Accused person For Appellant : Shri Utkarsh Patel, Advocate appears on behalf of Pushpendra Kumar Patel, Advocate For Respondent No.2 : Shri Ruhul Ameen, Panel Lawyer DB: Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Radhakishan Agrawal Judgment On Board Per Sanjay S. Agrawal, J 29/10/2025 1) This appeal has been preferred by the complainant/son of the deceased-Kishan Tamrakar, under Section 413 of the Bhartiya Nagrik Suraksha Sanhita, 2023, questioning the legality and propriety of the judgment dated 22.11.2024, passed by the learned Sessions Judge, Balod, District-Balod (C.G.) in Sessions Trial SATISH TUMANE Digitally signed by SATISH TUMANE Date: 2025.10.29 17:15:19 +0530 2 No.51/2022, whereby, the respondent has been acquitted with regard to the offence punishable under Section 302 of IPC. 2) From perusal of the record, it appears that the merg intimation (Ex.P-33) was lodged by the son of the deceased, namely, Yugal Tamrakar before the Police Station-Gunderdehi, District Balod, stating therein that on 23.05.2022 in the morning around 6 A.M., he received the information from one Devdhar Vishwakarma (PW-6) that someone has caused murder of his father and, based upon the alleged information, an FIR (Ex.P-52) was registered against an unknown person. It appears further that during the course of investigation, an axe with bloodstains was recovered on 16.07.2022, vide Ex.P-22, after more than one and half months from the place of occurrence of incident from the respondent, based upon his disclosure statement (Ex.P-20). The alleged weapon so recovered, was sent for chemical examination along with other articles, like soil recovered from the spot and according to the FSL report (Ex.P-46), no human blood was, however, found on the alleged axe recovered from the respondent on 16.07.2022. Apart from this evidence, no cogent and reliable evidence has been placed on record, attributing the respondent for the commission of the alleged crime. 3) In view of such circumstances and, particularly in absence of any cogent and reliable evidence, attributing the respondent for the commission of the alleged crime, the trial Court has, therefore, not committed any illegality in acquitting the respondent from the 3 commission of the alleged crime, so as to call for any interference in this appeal. 4) The appeal, being devoid of merit is, accordingly, dismissed at the stage of admission itself. SD/- (Sanjay S. Agrawal) Judge SD/- (Radhakishan Agrawal) Judge Tumane