1 2026:CGHC:7996-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1447 of 2022 State of Chhattisgarh Through Police Station Kawardha, District Kabirdham (C.G.) ... Applicant versus Jagesar Yadav S/o Bahoram Yadav Aged About 40 Years R/o Village Jarti, Police Station Kawardha, District Kabirdham (C.G.) ... Respondent For State/Applicant : Mr. S.S. Baghel, Government Advocate For Respondent : None Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha , Chief Justice 13 .0 2 .202 6 1. Heard Mr. S.S. Baghel, learned Government Advocate, appearing for the State/applicant on admission. 2. The State has sought leave to appeal against the impugned judgment of acquittal dated 12.04.2022 passed by the learned Sessions Judge, Kabirdham (Kawardha) (C.G) in Sessions Trial No. 33/2020, whereby the accused/respondent has been acquitted from the charges punishable under Sections 302 of IPC. ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 3. Mr. S.S. Baghel, learned Government Advocate, appearing for the State/applicant submitted that the deceased Tulsi Bai was done to death by accused/respondent Jagesar Yadav by battle axe (tabbal) and PW-1, who is mother-in-law of the deceased was an eye-witness of the occurrence, who has supported the prosecution case in examination-in-chief, which corroborated by her postmortem report Ex.P-17, but in paragraph 9 of her cross- examination, wherein it has been stated that by the said witness that she reached the place of occurrence along with the Kotwar after the incident and trial Court believing the same has acquitted the accused/respondent on the said issue. Moreover, he submitted that as per FSL report Ex.P-27, blood was found in the battle axe (tabbal) as well as in the clothes of the accused and further Kasemuddin Khan (PW-5), who is resident of nearby place, has seen the accused running from the place of occurrence. 4. Considering the aforesaid facts and circumstances of the case, we are of the considered opinion that the present is a fit case to allow application under Section 378(3) of the CrPC. 5. Accordingly, the application for leave to appeal under Section 378(3) of the CrPC is allowed. 6. Office is directed to register the case under the head of “Acquittal Appeal”. 7. The CrMP is disposed of accordingly. 8. The acquittal appeal is also stand admitted. 3 9. Let a bailable warrant for a sum of Rs.5,000/- be issued against the accused / respondent Jagesar Yadav for his presence before this Court on 10th of March, 2026. 10. Warrant be served to accused/respondent through concerned Chief Judicial Magistrate. 11. The accused/respondent is directed to appear and furnish his bail bond before the concerned Chief Judicial Magistrate on 02.03.2026, who shall submit its report to this Court before the next date of hearing. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra