2025:CGHC:47439-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally BABLU signed by RAJENDRA BABLU BHANARKAR RAJENDRA BHANARKAR ACQA No. 416 of 2010 State Of Chhattisgarh Through the District Magistrate, Surguja (CG)

... Appellant versus

1. Lokendra Chaturvedi (died and his name has been deleted as per the Court’s order dated 16.09.2025)

2. Vinita Singh, W/o Late Bhupat Singh, Aged about 38 years, R/o Village Near Central School Bhagwanpur, Thana Ambikapur Dehat, District – Surguja (CG)

2. Mukesh Goswami, S/o Markanday Goswami, Aged about 28 years, R/o Darripara, behind Women Hospital, Ambikapur, Thana-Ambikapur, District Surguja (CG)

... Respondents For Appellant : Mr.S.S.Baghel, Deputy Government Advocate For Respondent : Ms.Hamida Siddique, Advocate No.2 For Respondent : Mr.Awadh Tripathi, Advocate No.3 Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, CJ

16/09/2025

1. By this appeal under Section 378(1) of the Cr.P.C. the appellant/State has challenged the legality and propriety of the judgment of acquittal dated 03.10.2006 passed by the Sessions Judge, Surguja, in Sessions Trial No.298/2004, whereby the trial Court has acquitted the respondents of the charge of Sections 302/120B, 201 and 450 of the IPC for causing homicidal death of Bhupat Singh amounting to murder and causing disappearance of evidence of criminal case in sharing common intention.

2. As per case of the prosecution, on the night of 29.05.2003, Bhupat Singh, resident of Premlata Bhawan, Manendragarh Road, Bhagwanpur, had dinner and watched television before going to sleep in his room. His servant, Pandey, was also sleeping in the same room. His wife was sleeping in another room with their two daughters, and in the room adjacent to her, their son Priyajit Singh was sleeping with his friend Abhishek Kashyap. Around 11:30 P.M., accused Vinita Singh (respondent No.2) woke Priyajit Singh and informed him that Naxalite miscreants had entered the premises. Abhishek Kashyap also woke up. When they attempted to go out and check, Vinita Singh stopped them, saying "Don't go." At that moment, Pandey (the servant), who was sleeping in Bhupat Singh’s room, came in, and all of them gathered in one room and locked the door from inside. Bhupat Singh was shouting, but due to fear, none of them went outside. Later, through a peephole in the door, they saw three individuals entering Bhupat Singh's room. One of them was wearing a white shirt and was seen taking away Bhupat Singh's licensed gun. After the alleged criminals left, Priyajit Singh went to his father’s room and found him lying dead and covered in blood. He then went with Pandey to the house next door, belonging to Beena Katlariya, and informed his maternal uncle Deepak Kumar Sharma about the incident. Deepak Kumar Sharma, along with his tractor driver, immediately went to his sister and brother-in-law’s house. His sister informed him that around 11:30 P.M., three to four men had entered the house through the back door, pointed a gun at her head and demanded ₹50,000, threatening to kill her if she did not comply. When they asked about the licensed gun, she gestured towards its location. The men then went to Bhupat Singh’s room, murdered him with a sharp weapon, and left with the licensed gun.

3. After witnessing Bhupat Singh’s body lying dead and bloodied on the floor, Deepak Kumar Sharma reported the incident to Gandhinagar Police Station. Subhash Das, the officer-in-charge at Gandhinagar Police Station, went to the scene after recording the report. On the morning of 30.05.2003 at around 8:30 A.M., after inspecting Bhupat Singh’s body and the crime scene, he sent the body for postmortem to the District Hospital, Ambikapur where Dr.Faizal Firdausi (PW-1) conducted postmortem over the body of the deceased vide Ex.P-2 and found following injuries:- “1. A horizontal cut wound on the left cheek, measuring 10x5 cm, deep up to the bone.

2. A cut wound on the left o