1 2025:CGHC:60247-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 125 of 2017 • State Of Chhattisgarh, Through District Magistrate Balrampur Ramanujganj (Chhattisgarh). --- Appellant versus 1. Ishwar Prasad S/o Shri Ram Khelawan Panika, Aged About 28 Years, 2. Devkumar @ Shukla S/o Shri Shivkumar Panika, Aged About 25 Years, Both Are Caste of Panika, R/o Village Rajkheta, Police Station Basantpur, District Balrampur-Ramanujganj (Chhattisgarh). --- Respondents For Appellant/State : Ms. Pragya Pandey, Dy. Govt. Advocate. For Respondents : Mr. Utkarsh Patel, Advocate appears on behalf of Mr. Pushpendra Kumar Patel, Advocate. ACQA No. 252 of 2017 • Anoj Kumar S/o Dharampal, Aged About 28 Years, R/o Village Rajkheta, Police Station And Tehsil Wadrafnagar, District Balrampur- Ramanujganj (Chhattisgarh). ---Appellant Versus 1. Ishwar Prasad S/o Shri Ramkhelawan Panika, Aged About 28 Years, 2. Devkumar @ Shukla S/o Shri Shivkumar Panika, Aged About 25 Years, Both Are Cast Of Panika, R/o Village Rajkheta, Police Station Basantpur, District Balrampur-Ramanujganj (Chhattisgarh). CHANDRAKANT DEWANGAN Digitally signed by CHANDRAKANT DEWANGAN Date: 2025.12.11 17:59:08 +0530 2 3. State Of Chhattisgarh, Through The Police Station Basantpur District Balrampur-Ramanujganj (Chhattisgarh) Civil District Surguja (Chhattisgarh). --- Respondent(s) For Appellant/Victim : Mr. Shubham Tiwari, Advocate appears on behalf of Mr. A.N. Pandey, Advocate. For Respondents No.1 & 2 : None. For Respondent No.3/State : Ms. Pragya Pandey, Dy. Govt. Advocate. DB: Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Radhakishan Agrawal Judgment On Board Per Sanjay S. Agrawal, J. 11/12/2025 1) Since both these appeals arise out of the common judgment dated 20/09/2016 passed by the Additional Judge, Ramanujganj to the Court of Additional Sessions Judge, Ramanujganj, District Surguja (C.G.) in Sessions Trial No.R-17/2014, whereby, the respondents have been acquitted with regard to the offence punishable under Section 307 and in alternatively under Section 307/34 IPC, they are being disposed of by this common judgment. 2) From perusal of the record, it appears that an FIR (EX.P-1) was lodged by one Dharampal Panika before the Police Station Basantpur, District Balrampur-Ramanujganj, alleging inter-alia, that in the night of 16/10/2013, he was returning to home alongwith his son, namely, Anoj Kumar after performing their ‘mason’ work at village Rajkheta, but, enroute, when his son was going for attending the call of nature, he was assaulted by the respondents with hands and fists and despite of his intervention, they were continuously 3 assaulting him, owing to which, he became unconscious and after assaulting as such, they fled away from the spot. It is alleged further that the alleged incident was informed by him to his elder son, namely, Manoj and neighbours, namely, Uday and Nanhu and, based upon his alleged allegation, the respondents have been charge-sheeted with regard to the offence mentioned here-in- above. 3) Although, it was alleged by Dharampal as such that his son-Anoj Kumar was assaulted by the respondents with hands and fists and were continuously assaulting him despite of his intervention, but, from his (PW-1) statement, it was, however, deposed contrary to it saying that his said son was assaulted by Ishwar Panika, Shivkumar, and Devkumar and it appears further from his testimony that on the date of incident, the respondent no.1-Ishwar Panika was holding a rod, while Devkumar, a knife and Shivkumar, the father of the respondent no.2-Devkumar, was assaulting to his son with the aid of brick and his son has sustained injuries on his head and his neck was inflicted with the knife. What is, therefore, reflected from his testimony that on the said fateful day, not only the respondents were present but, one Shivkumar, the father of the Devkumar, was also present, whereas, at the time of lodging the FIR (Ex.P-1) and the statement (Ex.D-1) of him recorded under Section 161 Cr.P.C., the name of Shivkumar was neither disclosed by him, nor has stated therein that his son was assaulted by the respondents with the aid of rod and knife and, even the alleged weapons were not found to be recovered from them. The alleged of his testimony, therefore, cannot be relied upon in order to attribute the 4 respondents for the commission of alleged crime. The statement of his son-Anoj Kumar (PW-2), who deposed like his father, would also be not a reliable one for attributing them as such. 4) In view of the aforesaid background, the trial Court, has, therefore, not committed any illegality in acquitting the respondents from the commission of the alleged crime, so as to call for any interference in these appeals. 5) The appeals being devoid of merit are, accordingly, dismissed. -Sd/- (Sanjay S. Agrawal) Judge -Sd/- (Radhakishan Agrawal) Judge Chandrakant