1 2026:CGHC:19350-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 138 of 2018 State of Chhattisgarh, Through Station House Officer, Police Station Dadhi, District Bemetara, Chhattisgarh ... Appellant versus 1 - Parmesh @ Buga S/o Goverdhan Mallaha, Aged About 21 Years, Occupation : Farmer, 2 - Munni Bai W/o Goverdhan Mallah, Aged about 46 years, Occupation Farmer, Respondents No. 1 and 2 both are R/o Village Panchbhaiya, Police Station Dadhi, District Bemetara, Chhattisgarh. ---- Respondents For Appellant/State : Mr. Krishna Gopal Yadav, Dy. G.A. For Respondents : None, though served. Division Bench Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Narendra Kumar Vyas Judgment on Board 27.04.2026 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 10.10.2017, passed by the SUNITA GOSWAMI Digitally signed by SUNITA GOSWAMI Date: 2026.04.27 18:03:28 +0530 2 Sessions Judge, Bemetara, District Bemetara (CG) in Sessions Trial No.12/2017, whereby, the respondents have been acquitted with regard to the offence punishable under Sections 302/34 and 201/34 of IPC. 2. From perusal of the record, it appears that a Merg intimation (Ex.P-12) was lodged by one Sitaram Chouhan, the Kotwar of village Panchbhaiya before the Police Station Dadhi of District Bemetara, stating therein, that on 30.12.2016 around 12.00 pm, when he was at home, he received the telephonic information from the Sarpanch of his village, namely, Rakesh that an unknown dead body is lying near the field of one Jawahar Chandrakar and after conducting enquiry based upon the alleged information, an FIR (Ex.P-21) was lodged against an unknown person for the commission of offence punishable under Section 302 of IPC and, during the investigation, it was revealed that the respondent No. 2- Munni Bai and her son- Parmesh @ Buga, the respondent No.1, with the help of her another son, a juvenile, namely- Narayan @ Bhola with common intention and ‘motive’, have assaulted the deceased- Santosh Sahu in the intervening night of 13.12.2016 at 10.00 pm upto the noon of 30.12.2016 with the aid of axe and wooden stick, owing to which, he (Santosh Sahu) sustained grievous injuries and succumbed to those injuries. 3. 3. It is alleged by the prosecution that on 13.12.2016 in the night, the deceased entered into the house of the respondent No.2- Munni Bai and had tried to outrage her modesty and after hearing the noise of respondent No.2, her younger son, namely- Narayan @ Bhola got up 3 and he wake up his brother, namely, Parmesh @ Buga, the respondent No.1 and, thereafter a dispute was occurred between the deceased and the respondents and, the respondent No.1- Parmesh @ Buga has assaulted the deceased with the aid of axe upon his head, while his brother, namely- Narayan @ Bhola, a juvenile, has assaulted him with the aid of wooden stick upon his head and neck and thereafter, they threw the body of the deceased in the field of said Jawahar Chandrakar in order to conceal the evidence. The dead body recovered from the said field was identified by his son, namely, Hussain Kumar Sahu (PW- 4) and was sent for autopsy, which was conducted by Dr. Nidhi Meshram (PW-9) on 30.12.2016, who vide her report (Ex.P-14) opined the cause of death to be hemorrhage occurred due to multiple organ injuries and opined further that the deceased has died approximately 8- 10 days prior to conducting the said postmortem and, during the further investigation, a bloodstained stick attached with ‘axe’ was recovered from respondent No.1- Parmesh @ Buga, vide (Ex.P-2) on 04.01.2017 based upon his disclosure statement (Ex.P-1) in presence of two witnesses, namely, Ramchand Jaiswal (PW-2) and Rakesh Kumar Sahu (PW-5) and, the alleged weapon so recovered from respondent No.1 was sent for chemical examination, where no blood was found according to the Forensic Science Laboratory (FSL) report (Ex.P-26). After the completion of due investigation, charge-sheet was submitted before the concerned Chief Judicial Magistrate, Bemetara against the respondents for the commission of alleged offence, who in turn, has committed the matter to the concerned trial Court and based upon the materials available on record, the respondents have been charge- 4 sheeted with regard to the offence mentioned herein-above, which was denied by them and claimed to be tried. 4. Perusal of the record would show that there is no eye-witness with regard to the occurrence of the alleged incident and the respondents have been implicated on account of the incident occurred on 13.12.2016 when the deceased in the house of respondent No.2- Munni Bai had entered in order to outrage her modesty where he was assaulted by the respondents, along with the said juvenile- Narayan @ Bhola and, as a result of which, he died. 5. In order to establish the alleged allegation, the deceased’s wife, namely, Amrita Bai Sahu (PW-1) was examined and, her statement would reveal the fact that her husband has illicit relations with respondent No.2- Munni Bai and his dead body was recovered after 18 days from his missing, but was not aware that who has assaulted her husband. Her son, namely, Hussain Kumar Sahu (PW-4) has, however, denied the fact that his deceased father used to visit the house of respondent No.2, or was aware that he went to her house on 13.12.2016 around 10.00 pm. 6. Ramchand Jaiswal (PW-2) and Rakesh Kumar Sahu (PW-5) are the attesting witnesses of the alleged seizure of bloodstained stick attached with ‘axe’ from the respondent No1.-Parmesh @ Buga, who have supported the same, but no blood was, however, found on it as revealed from the FSL report (Ex.P-26). Therefore, no reliance could be placed upon it in order to attribute him for the commission of the 5 alleged crime. The other prosecution witnesses are formal in nature. 7. In view of the evidence led by the prosecution, it is, thus, evident that the prosecution has failed to lead any cogent and reliable evidence, so as to hold that the respondents in any manner were involved for the commission of the murder of the deceased- Santosh Sahu and, the trial Court, after taking note of those materials has, therefore, not committed any illegality in acquitting them from the commission of the alleged crime. 8. Consequently, the appeal, being devoid of merit is dismissed. Sd/- Sd/- (Sanjay S. Agrawal) (Narendra Kumar Vyas) Judge Judge sunita