1 2025:CGHC:37883-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 35 of 2018 State of Chhattisgarh Through The Incharge, Police Station Gandhi Nagar, District Surguja (CG) ... Appellant versus 1 - Manish Tiwari S/o Avdhesh Tiwari Aged 28 Years R/o Gandhi Nagar Police Station Gandhi Nagar, District Surguja (CG) 2 - Sandeep Ghosh S/o Shyam Sunder Ghosh Aged About 30 Years R/o Subhash Nagar Police Station Gandhi Nagar, District Surguja (CG) 3- Sanju Gupta @ Sanjay, S/o Bhola Prasad, aged 29 years R/o village Fundurdihari, P.S. Gandhinagar, District Surguja (CG) 4 - Jitu @ Jitendra Gupta S/o Bharat Prasad Aged 30 Years R/o Gandhi Nagar Police Station Gandhi Nagar, District Surguja (CG) ---- Respondents For Appellant/State : Shri Arpit Agrawal, Panel Lawyer For Respondent No.1 : Shri Anchanl Kumar Matre, Advocate For Respondent No. 2 : Shri Ashutosh Biswas, Advocate For Respondents No.3 & 4 : Ms. Aditi Joshi, Advocate appears on behalf of Ms. Madhunisha Singh, Advocate DB: Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Radhakishan Agrawal Judgment on Board 01.08.2025 Per Sanjay S. Agrawal, J. 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 29.05.2017 passed by the Third Additional Sessions Judge, Ambikapur, District Surguja (CG) in SUNITA GOSWAMI Digitally signed by SUNITA GOSWAMI Date: 2025.08.01 17:24:36 +0530 2 Sessions Trial No.619/2013, whereby, the respondents have been acquitted with regard to the offence punishable under Sections 294 and 307/34 of IPC. 2. According to the prosecution, a written report (Ex.P-1) was lodged by the Complainant/ injured, namely, Neeraj Singh on 14.09.2012 before the Police Station, Gandhi Nagar, stating therein, that on the previous day, i.e. 13.09.2012, in the night around 9.30 pm, when he was with his friends, namely, Shrawan and Saurabh, the respondent No.2- Sandeep Ghosh, respondent No.4- Jitu @ Jitendra Gupta and respondent No.1- Manish Tiwari, came along with 8-10 persons and started abusing him with filthy words and started assaulting him with hands, fists and also with the aid of bricks and rod and, alleged further that they have snatched the ring and necklace and, also looted a sum of Rs.1,800/- along with the ATM Card of Central Bank. It is alleged further by him that on account of the alleged assault, he sustained grievous injuries on his head with the aid of rod and got admitted by his said friends into the Mission Hospital, where 04 stitches were given on his head and after giving some medicines, he was discharged from the said Hospital. It appears that he was, thereafter, examined by Dr. Sunil Kumar Agrawal (PW-7) on 14.09.2012 and vide MLC report (Ex.P-5), as many as 06 injuries were found by him which were opined to be simple in nature. It appears further from his (PW-7) testimony that when the Complainant/ injured was treated by him, he has, however, not informed that he (complainant/injured) has sustained the injuries on his head, nor during the course of his treatment, he found any injury on his head. It appears further that 2 days’ thereafter, he was admitted into Jivan Jyoti Hospital at Ambikapur, where he was treated by Dr. P.R. Shivhare (PW-2), who after his treatment, referred him to the Neuro Surgeon and, according 3 to Dr. Sunil Sharma (PW-11), the Neuro Surgeon, who examined the Complainant, has stated that on 17.09.2012, the Complainanrt/injured was admitted into the Apollo Hospital at Bilaspur, where during the operation, he found the skull bone fractured. 3. What is, therefore, reflected that the Complainant/injured- Neeraj Singh, who was alleged to have been assaulted by the respondents on 13.09.2012, but no injury, as such on his head was, however, found either on 13th September, 2012, or upto 16th September, 2012, when he was treated by Dr. Sunil Kumar Agrawal (PW-7) and Dr. P.R. Shivhare (PW-2), as the alleged fracture of his skull bone was found only on 17.09.2012. 4. Besides, although, it was stated by the Complainant- Neeraj Singh in his written report (Ex.P-1), lodged on 14.09.2012, that in the night around 9.30 pm, he was assaulted by respondent No.1- Manish Tiwari, respondent No.2-Sandeep Ghosh and respondent No.4- Jitu @ Jitendra Gupta, but the name of Sanju Gupta @ Sanjay, the respondent No.3 herein, was not disclosed by him. But, when he was examined before the Court, it was, however, stated by him, that he was slapped twice by him (Sanju Gupta @ Sanjay). There is, thus, a serious material contradictions in his statement, which cannot be overlooked. 5. It is to be seen further, as revealed from the alleged report (Ex. P-1), that he was assaulted with the aid of rod on his head, owing to which, he sustained grievous injuries, but as observed herein-above, no injury as such on his head was, however, found by Dr. Sunil Kumar Agrawal (PW-7), when he was examined on 14.09.2012, or even prior to that when he was examined on 13th September, 2012 in the Mission Hospital, though no document to this effect was produced by him. It 4 appears further from his testimony that he was assaulted by Sandeep Ghosh (respondent No.2) on his head with the aid of brick, but has not stated that he was assaulted by him on his head with the aid of rod, nor even the alleged weapon “rod” was recovered from anyone. 6. Pertinently, to be noted here further, as reflected from the alleged written report (Ex.P-1) lodged by him that, on the said fateful day, the ring, necklace and cash amount of Rs.1,800/- along with the ATM Card of Central Bank was looted by them, but no recovery as such was, however, found during the course of investigation, nor the alleged fact was stated by him when he was examined before the Court. In such an eventuality, the statement of him cannot be relied upon that, on the said fateful day, he was either assaulted or was looted, as alleged by him in his said written report (Ex.P-1). Even otherwise, the evidence of him, was not found to be corroborated by his friends, namely, Shrawan Kumar (PW-3) and Saurabh Singh Banty (PW-4), who were with him on that particular day. No cogent and reliable evidence has, thus, been placed by the prosecution, so as to hold that on the said fateful day, the Complainant/injured was assaulted, as such, by the respondents and the trial Court, after taking note of those materials, has not committed any illegality in acquitting the respondents from the commission of the alleged crime, so as to call for any interference in this appeal. 7. The appeal being devoid of merit is, accordingly, dismissed. Sd/- Sd/- (Sanjay S. Agrawal) (Radhakishan Agrawal) Judge Judge sunita