NAFR VISHAKHA HIGH COURT OF CHHATTISGARH AT BILASPUR BEOHAR Digitally signed by VISHAKHA BEOHAR ACQA No. 17 of 2012 Judgment Reserved on 06.01.2026 Judgment Delivered on 23.01.2026

1 - Smt. Sushila Suman Wd./o Late Shri Kamleshwar Suman , R/o Village Kirari , Police Station -Masturi , Distt. - Bilaspur C.G.

... Appellant versus

1.Tikam Singh, S/o. Dadu Singh Thakur, aged about 32 years, R/o.

Village Kirari, Police Station -Masturi, District Bilaspur (C.G.)

2. Banke Singh, S/o. Khamhan Singh, aged about 27 years, R/o. Village Kirari, Police Station -Masturi, District Bilaspur (C.G.)

3. Uttam Singh, S/o. Mowa Singh, aged about 35 years, R/o. Village -

Guddi, Police Station -Sipat, District Bilaspur (C.G.).

4. Gopal Singh, S/o. Prem Singh Thakur, aged about 65 years, R/o.

Village - Kirari, Police Station -Masturi, District Bilaspur (C.G.)

5. Bhola Singh, S/o. Ramshanker Singh, aged about 24 years, R/o.

Rajawar Jamuna, P. S. Bhalumada, District Anuppur (Μ.Ρ.)

(Accused-persons)

6. The State of Chhattisgarh, Through: Station House Officer, Police Station Masturi, District Bilaspur (C.G.)

... Respondents ... Respondents ... Respondents ... Respondents Division Bench Hon'ble Shri Justice Sanjay S. Agrawal, J. &

Hon'ble Shri Justice Amitendra Kishore Prasad, J.

CAV Judgment

Per, Amitendra Kishore Prasad, J.

1. This acquittal appeal has been preferred by the appellant–

complainant challenging the judgment dated 01.04.2011 passed by the learned Sessions Judge, Bilaspur, in Special Case No. 1/2009, whereby respondent Nos. 1 to 5 were acquitted of the charges under Section 302/34 of Indian Penal Code (for short, “IPC”) and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, “the Act, 1989”). Respondent No. 5 – Bhola Singh was also acquitted of the offences under Sections 25 and 27 of the Arms Act, 1959 (for short, “the Act, 1959”). Further, respondent No. 1 – Tikam Singh, respondent No. 2 – Banke Singh, and respondent No. 3 – Uttam Singh were acquitted of the offence under Section 27 of the Arms Act; however, they were convicted under Section 25 of the Arms Act and sentenced to the period already undergone, along with a fine of Rs. 1,000/- each, and in default of payment of fine, to undergo simple imprisonment for two months each.

2. Case of the prosecution, in brief, is that on 30.08.2008 at about

11:45 hours, informant Devid Denial sent a memo from Apollo Hospital to Police Station Sarkanda informing that Kaleshwar Suman, aged about 45 years, had been brought to the hospital in a dead condition. The brother of the deceased, namely Parmeshwar Suman, stated at the hospital that at about 9:30 p.m. on the same date, the deceased had sustained a gunshot injury at the place of occurrence. On the basis of this information, Police Station Sarkanda registered a zero merg. Subsequently, on 30.08.2008, Jagwat Suman lodged the First Information Report at Police Station Masturi stating that the deceased Kaleshwar Suman was his brother and was the Sarpanch of Gram Panchayat Kirari. He further stated that between 7:30 to 8:00 p.m., while he was at his house, Badaku Satnami and Shiv Kumar Suman came and informed him that the Sarpanch had sustained a bullet injury. On inquiry, it was revealed that Kaleshwar Suman was accompanying Gopal Singh Thakur and when they reached near the transformer, Gopal Singh suspected that two persons were following them. At that moment, a gunshot was fired from behind from a distance of about 20 feet. The incident was thereafter communicated to the nephew of the informant. On this basis, Police Station Masturi registered an offence against unknown persons. During the course of investigation, an inquest over the dead body was conducted and the body was sent for post-mortem examination, which opined that the cause of death was due to a gunshot injury. The spot map was prepared through the Patwari. From the place of occurrence, charota bhaji, one glass, and blood-stained grass were seized.