1 2026:CGHC:24967-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No.124 of 2017 State Of Chhattisgarh Through District Magistrate Balrampur Ramanujganj Chhattisgarh …..Appellant versus 1 - Dev Kumar Gond S/o Ram Sai Gond Aged About 24 Years R/o Bhuvan Khand, Shardapur Police Station Chalgali, District Balrampur Ramanujganj Chhattisgarh 2 - Bhaiya Ram S/o Chatur Gond Aged About 40 Years R/o Bhuvan Khand, Shardapur Police Station Chalgali, District Balrampur Ramanujganj Chhattisgarh 3 - Shivvrat S/o Satyanarayan Gond Aged About 27 Years R/o Bhuvan Khand, Shardapur Police Station Chalgali, District Balrampur Ramanujganj Chhattisgarh ... Respondents For Appellant : Shri Sanjeev Pandey, Dy.AG For Respondent(s) : Shri Rajkumar Gupta, Advocate D.B.: Hon’ble Shri Justice Sanjay S. Agrawal & Hon’ble Shri Justice Narendra Kumar Vyas Judgment on Board Per Sanjay S. Agrawal, J. 19/06/2026 1) This appeal has been preferred by the appellant/State under Section 378(3) of the Code of Criminal Procedure, 1973, questioning the legality and propriety of the judgment dated 07/05/2014, passed by the learned Additional Sessions Judge, Ramanujganj, District SATISH TUMANE Digitally signed by SATISH TUMANE Date: 2026.06.22 11:27:58 +0530 2 Balrampur-Ramanujganj (C.G.) in Sessions Trial No.95/2011, whereby, the respondents have been acquitted with regard to the offence punishable under Sections 302 and 201 read with Section 34 of IPC. 2) From perusal of the record, it appears that the respondents have been charge-sheeted with regard to commission of murder of one Nayan Singh @ Larghetan on the ground that they have seen lastly on 08/10/2010 around 4 P.M. with the deceased at Shardapur Society Panchayat Bhawan at the time of purchasing rice and, in order to attribute their involvement in the alleged offence, the bloodstained stone was seized vide Ex.P-3 on 12/10/2010, based upon the disclosure statement (Ex.P-1) of respondent No.1-Dev Kumar and, the clothes with bloodstains was seized from him vide Ex.P-5 and, Banyan and T-Shirt with bloodstains were seized from the respondent No.3-Shivvrat vide Ex.P-4, in presence of two witnesses, namely, Phool Sai and Ramdayal, while nothing was seized from the respondent No.2-Bhaiya Ram. But, the alleged articles so seized from them and, the bloodstained soil seized from the spot vide Ex.P-2 were, however, not sent for the chemical examination. In absence thereof and, in absence of any cogent and reliable evidence led by the prosecution, merely on the basis that the respondents were seen along with the deceased-Nayan Singh @ Larghetan on the said fateful day at the time of purchasing rice from the Shardapur Society Panchayat Bhawan, would not be sufficient to hold that they were involved for the commission of the alleged crime and, the trial Court has, therefore, not committed any illegality in 3 acquitting them from the commission of the alleged crime, so as to call for any interference in this appeal. 3) The appeal, being devoid of merit is, accordingly, dismissed. SD/- (Sanjay S. Agrawal) Judge SD/- (Narendra Kumar Vyas) Judge Tumane