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2025 Supreme(Online)(Chh) 10935

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay S. Agrawal, Sanjay Kumar Jaiswal, JJ
State Of Chhattisgarh Through Station House Officer, Police Station Ramchandrapur, District Balrampur Ramnujganj, Chhattisgarh. – Appellant
Versus
Nepali @ Praveen @ Vinay Khess – Respondent


Advocates:
For the Appellant/State: Shri Sachhidanand Yadav, Panel Lawyer
For the Respondent:Shri Gagan Pandey, Advocate

Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment On Board Per Sanjay S. Agrawal, J.

10.09.2025

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 16.05.2017 passed by the Additional Sessions Judge, Ramanujganj, District Surguja (Ambikapur) (CG) in Sessions Trial No.267/2010, whereby, the respondent- Nepali @ Praveen @ Vinay Khess, has been acquitted with regard to the offence punishable under Sections 147 , 148, 307/149, 353/149 and 427 of IPC read with Sections 25 (1)(1AAA) and 27(2) of the Arms Act , 1959.

2. It is alleged by the prosecution that on 10.11.2008, at about 18.45 hours, the respondent, along with other accused persons, formed an unlawful assembly and in furtherance of their common object, started indiscriminate firing upon the Police party, owing to which, the Inspector General of Police, namely, B.S. Maravi (PW-1), who was in the Ambassador Car, bearing registration No. CG 03/1692, had received gunshot injuries upon his back, right shoulder and head. On account of the alleged incident, the report was made by one Laxman Singh (PW-3), the Consta

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