NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by ACQA No. 207 of 2012 ANJANI KUMAR ALLENA Judgment Reserved on 25.09.2024 Date: 2024.10.17

13:57:54 +0530 Judgment Delivered on 17.10.2024 • State of Chhattisgarh, Through - District Magistrate, Bilaspur C.G.

...Appellant versus

1. Ram Kumar Bande, S/o Sadhuram Bande, aged about 50 Years, R/o Village Bhilai, P.S Masturi, Distt. - Bilaspur C.G.

2. Rajendra Kumar, S/o Hukumlal Bande, aged about 50 Years, R/o Jairam Nagar, PS Masturi, Distt. - Bilaspur C.G.

3. Shailesh, S/o Manharan Lal Khare, aged about 35 Years, R/o Village -

Sonadula, Near Jaiestanbh, P.S. - Masturi, Distt. - Bilaspur, C.G.

4. Motilal, S/o Santram Kurre, aged about 45 Years, R/o Village - Sendri, Near Ramtala Road, PS - Koni, Distt. - Bilaspur C.G.

5. Hukumlal, S/o Sadhulal Bande, aged about 52 Years, R/o Village -

Jairamnagar, PS Masturi, Distt. - Bilaspur C.G.

6. Gautam Das, S/o Magaldas, aged about 36 Years, R/o Dharampura, PS -

Mungeli, Distt. - Bilaspur C.G.

7. Umesh Kumar, S/o Ramkumar Bande, aged about 22 Years, R/o Bhilai, PS -

Masturi Distt. - Durg C.G.

8. Michel Farnadiz, S/o Rajesh Farnadiz, aged about 27 Years, R/o - Quarter No. 986, Charoda, Railway Colony, Bhilai, PS - Bhilai, Distt. - Durg C.G.

... Respondents For State/Appellant :Mr. Akhilesh Kumar, Government Advocate.

For Respondents :Mr. Shakti Raj Sinha, Advocate.

Hon'ble Shri Justice Goutam Bhaduri &

Hon'ble Shri Justice Radhakishan Agrawal

CAV Judgment

Per Radhakishan Agrawal, J.

1. This acquittal appeal filed by the State/appellant arises out of the judgment dated 26^th February, 2011 passed by the First Additional Sessions Judge, Bilaspur, C.G. in Sessions Trial No.143/2009, whereby the learned trial Court acquitted the accused persons/respondents herein of the charge under Sections 147, 148, 323/149 and 302/149 of IPC on the basis of benefit of doubt.

2. Case of the prosecution, in brief, is that on 23.04.2009, complainant/deceased-Mohan Lal Bande lodged a report at police station Masturi stating therein that when he came to Jairam Nagar to attend wedding ceremony, then the accused persons/respondents, in furtherance of their common object, formed an unlawful assembly and assaulted him, Sanjay and Manish with crowbar, battle axe, wooden piece, hands and fists, as a result of which, Manish, Mohanlal Bande and Sajay received injuries over their bodies. Thereafter, injured persons were sent for medical examination where PW-11 Dr. Rahul Jaiswal examined them and upon examination, the injuries found over the body of injured-Sanjay Bande & Mohanlal Bande were opined to be severe in nature whereas the injuries found over the body of Manish was simple in nature and gave MLC reports vide Exs.P-30 to P-32 respectively. During the course of treatment, injured persons Sanjay Bande and Mohan Lal Bande have died. Thereafter, merg intimations vide Exs.P-45 & 46 and Exs.P-53 & 55 have been recorded and FIR (Ex.P-56) has been registered against the accused persons. During investigation, spot map was prepared vide Ex.P-47. Inquest proceedings were conducted vide Exs.P-5 & P-7 and dead body of deceased persons were sent for postmortem examination where PW-16 Dr. Dharmendra Kumar conducted the postmortem examination and opined that cause of death of deceased persons was due to cardio respiratory failure as a result of shock and coma due to head injury, but no definite opinion could be given with respect to nature of their death and gave postmortem reports vide Exs.P-35 & 36 respectively. Memorandum statements of accused persons namely Motilal, Rajendra Kumar, Shailesh Kumar, Ram Kumar, Hukumlal Bande and Goutam Das Chaturvedi were recorded vide Exs.P-13, P-17 to P-19, P-37 & P-38, pursuant to which, ropes were seized from accused- Motilal vide Ex.P- 14; from accused-Rajendra Kumar, one crowbar and clothes have been seized vide Exs.P-20 & P-22; from accused-Shailesh Kumar, firewood and clothes have been seized vide Exs.P-21 & P-24; from accused- Ramkumar Bande, clot