1 2026:CGHC:26033-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 266 of 2025 • Durga Rajput D/o Raghuveer Singh Rajput, Aged About 44 Years, R/o New Police Line Durg, District- Durg (C.G.) (Sister of The Deceased / Victim) ... Appellant versus 1. State Of Chhattisgarh, Through Station House Officer (SHO) Police Station Arjunda, District- Balod (C.G.). 2. Vikas Kumar Yadav S/o Gopichand Yadav, Aged About 20 Years, R/o Bhalukonha, P.S. Arjunda, District Balod (C.G.) (Details Variedly Mentioned In Annexures). ... Respondents For Appellant/Complainant : Mr. Devershi Thakur appears alongwith Ms. Anamika Jain, Advocate. For Respondent No1/State : Mr. Krishna Gopal Yadav, Dy. Govt. Advocate.. DB: Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Sh ri Justice Narendra Kumar Vyas Judgment On Board Per Sanjay S. Agrawal, J 25/06/2026 1) This appeal has been preferred by the appellant, who is sister of the deceased, under Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023, questioning the legality and propriety of the judgment CHANDRAKANT DEWANGAN Digitally signed by CHANDRAKANT DEWANGAN Date: 2026.06.25 17:59:13 +0530 2 dated 12/12/2024, passed by the learned Sessions Judge, Balod, District Balod (C.G.) in Sessions Trial No.53/2022, whereby, the Respondent No.2-Vikas Kumar Yadav has been acquitted with regard to the offence punishable under Section 302 of IPC. 2) From perusal of the record, it appears that the Respondent No.2- Vikas Kumar Yadav has been charge-sheeted for the offence punishable under Section 302 of IPC for the commission of murder of one Sandhya on the allegation that he had physical relation with her, owing to which, on the date of incident, i.e. 28th and 29th July, 2022, she threatened him to disclose her alleged relation to his family members and also to the neighbours and, because of that he was under the fear that he could be defamed, if she disclosed of his alleged relation with her and, while thinking as such, he entered into her house on the said fateful day and assaulted on her head with the aid of wooden bat and has cut her neck with a vegetable-knife, as a result of which, she died. 3) It appears from perusal of the record that initially an FIR (Ex. P-16) was lodged against an unknown person on account of the alleged of her death, but during the course of investigation, it was revealed that since there was physical relation of the deceased with the Respondent No.2, who was threatened by her to disclose the alleged relation with his family members, a doubt was, therefore, raised upon his involvement for the commission of her murder and, was charged as such. 3 4) In order to establish the alleged allegation that the Respondent No.2 has committed the murder of said Sandhya by using a wooden bat and knife, the same was seized vide Ex.P-9 on 19/08/2022, in presence of two witnesses, namely, Ku. Durga Rajput and one Nohar Prasad Sahu, based upon his disclosure statement (Ex.P-8) and also the half burnt cloth of him vide Ex. P-10, while blood stained sand, bangles in three numbers, cement and blood stained mobile, belonging to the deceased, was recovered from the spot vide Ex.P-15 on the date of incident, i.e. 29/07/2022 and, were sent for chemical examination. But based upon the FSL report (Ex. P-25), it appears that though the blood was found in the alleged “bat” and “half burnt cloth”, but blood grouping of it was, however, could not have ascertained, that it was matched with that of the deceased - Sandhya. No reliance, therefore, could be placed upon it. Apart from this, no other evidence has been placed by the prosecution showing the involvement of him regarding the murder of said Sandhya and therefore, in absence of any cogent and reliable evidence led by the prosecution, the trial Court has not committed any illegality in acquitting him from the commission of the alleged crime. 5) The appeal, being devoid of merit is, accordingly, dismissed at the admission stage itself. -Sd/- (Sanjay S. Agrawal) Judge -Sd/- (Narendra Kumar Vyas) Judge Chandrakant