1 2026:CGHC:24604-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 398 of 2025 State of Chhattisgarh, Through Police Station Mulmula, District Janjgir Champa (C.G.) ... Appellant versus Ashish Singh Kachwaha @ Chhotu S/o. Late Bharat Singh Kachwaha (Thakur), Aged About 24 Years R/o. Village Bhaiso, Police Station Pamgarh, District Janjgir Champa (C.G.) ---- Respondent For Appellant/State : Mr. Krishna Gopal Yadav, Dy. G.A. For Respondent : None Division Bench Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Narendra Kumar Vyas Judgment on Board 18.06.2026 Per Sanjay S. Agrawal, J. 1. This appeal has been preferred by the appellant/State under Section 14-A (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, questioning the legality and propriety of the judgment dated 30.11.2024, passed by the Sessions Judge, District SUNITA GOSWAMI Digitally signed by SUNITA GOSWAMI Date: 2026.06.18 17:36:22 +0530 2 Janjgir Champa (CG) and Additional Charge, Special Judge (SC & ST Act), Janjgir Champa (CG) in Special Criminal Case No.11/2022, whereby, the respondent- Ashish Singh Kachwaha @ Chhotu, has been acquitted with regard to the offence punishable under Sections 450, 302, 397 and 404 of IPC read with Section 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. From perusal of the record, it appears that an FIR (Ex.P-5) and a written report (Ex.P-9) was lodged by the Complainant- Durga Prasad Sahu before the In-charge Police Station- Mulmula, District Janjgir Champa, stating therein, that he is a Supervisor of the Liquor Shop and on 23.11.2021, when he entered into the Shop along with the Salesman, namely, Rakesh Sarthi, he found the dead body of the deceased- Maheshwar Saxena, who was the Guard of the said Shop and found that 12 bottles of liquor amounting to Rs.10,520/- were missing from the counter and, based upon the alleged information, the alleged offence was registered against an unknown person in connection with Crime No.329/2021 and during the course of investigation, it was revealed that the respondent used to threat to kill the deceased- Maheshwar Saxena when he used to refuse to provide him liquor on his demand while abusing with filthy words upon knowing the fact that he belongs to the ‘Scheduled Caste’ community and, in order to ascertain the said fact, blood stained knife and iron rod were recovered from the respondent on 06.12.2021 vide seizure memo Ex.P- 12 based upon his disclosure statement (Ex.P-11) in presence of two witnesses, namely, Rakesh Kumar Sarthi (PW-4) and Nitesh Nirmalkar (PW-8), while blood stained soil, white gamchha, 2 bamboo sticks, 2 3 slippers, 3 Nos. blood stained teeth and a pillow were recovered from the spot vide Ex.P-3 on 24.11.2021. 3. It, however, appears from perusal of the record that though, the alleged blood stained articles were recovered from the respondent/accused vide Ex.P-12 in presence of two witnesses, namely, Rakesh Kumar Sarthi (PW-4) and Nitesh Nirmalkar (PW-8), but both these witnesses have turned hostile without supporting the alleged recovery in their presence and, that apart, the alleged articles seized from him and the articles seized from the spot, were sent for chemical examination, however, no blood group was found to be matched with that of the blood group of the deceased, as revealed from the FSL report (Ex.P- 36). In absence thereof and, in absence of any cogent and reliable evidence led by the prosecution showing the involvement of the respondent for the commission of the alleged crime, the trial Court has, therefore, not committed any illegality in acquitting him from the commission of the alleged crime. 4. The appeal, being devoid of merit is, accordingly, dismissed at the admission stage itself. Sd/- Sd/- (Sanjay S. Agrawal) (Narendra Kumar Vyas) Judge Judge sunita