2026:CGHC:6158-DB NAFR HIGH COURT OF CHHATTISGARH, BILASPUR ACQA No. 288 of 2018  State of Chhattisgarh, Through – Police Station Chhawani, District Durg (C.G.).

---- Appellant Versus  Vijay Sahu @ Takanni, S/o Jitendra Sahu, aged about 35 years, resident of Shardapara, New Ganesh Chowk, Near Hanuman Mandir, Camp-2, Bhilai, Police Station Chhawani, Bhilai, District Durg (C.G.)

---- Respondent For Appellant/State : Mr. Tarun Dansena, P.L.

For Respondent : Mr. Adarsh Rajput, Advocate on behalf of Mr. R.S. Baghel, Advocate.

Hon'ble Smt Justice Rajani Dubey &

Hon’ble Shri Justice Radhakishan Agrawal (Order on Board)

04.02.2026 Per Rajani Dubey, J

1. The present acquittal appeal has been filed by the State/appellant herein against the judgment dated 18.01.2018 passed in Sessions Trial CIS No.155/2016 by the learned 8^th Additional Sessions Judge, Durg (C.G.), whereby the learned Trial Court while convicting the accused/respondent under Section 324 IPC and sentencing him to the period already undergone by him with fine of Rs.2000/-, acquitted of the charges punishable under Sections 294, 506, 307 of IPC and Section 25(1-B) (B)/27 of the Arms Act.

2. Brief facts of the case are that on 16.05.2016, complainant Rekha Patil (PW-1) lodged a report at Police Station Chhawni to the effect that on 16.05.2016 at 7.30 AM while she was returning from the grocery shop, the accused/respondent who was standing on the road infront of the house of complainant holding knife and sword in his hand said the complainant let her son come out else he would kill her. When the complainant asked as to why he would kill, the accused hurled filthy abuses in the name of mother and sister & stabbed her with knife with intent to kill her. While the complainant was defending herself, she sustained injury to her right hand and blood started oozing and she went to her house running. The accused also assaulted Satyam (PW-3) who was standing in front of his house, with sword on his abdomen and hand which caused bleeding. On the basis of this report, an FIR being Crime No.299/2016 was registered under Ex.P-1 by Karan Sonkar (PW-10), Assistant Sub Inspector. Further case of the prosecution is that, after the incident, Rakesh Joshi (PW-9), Inspector, prepared spot map vide Ex.P-2. Spot map was also prepared by Patwari vide Ex.P-3. Blood stained and plain cement were seized from the spot vide Ex.P-9. Memorandum statement of the accused was recorded vide Ex.P-5, pursuant to which a sword and knife stained with blood were seized from his house vide seizure memo Ex.P- 6. Clothes of accused were seized vide Ex.P-7. Blood stained clothes of injured Satyam Nandi (PW-3) were seized vide Ex.P-8. Injured Rekha Patil (PW-1) and Satyam Nandi (PW-3) were medically examined by doctor under Ex.P-20 and P-23 respectively.

3. After completing the usual investigation, a charge sheet was filed against the accused for the offence punishable under Sections 294, 506, 323, 307 of IPC and Sections 25 & 27 of the Arms Act before the competent Court followed by charge under Sections 294, 506, 324, 307 of IPC, Section 25 (1-B)

(B) and 27 of the Arms Act by the learned Trial Court.

4. In order to prove its case, the prosecution examined as many as 12 witnesses. Statement of the accused/respondent was also recorded under Section 313 of the Cr.P.C. wherein the accused/respondent pleaded innocence and false implication in the crime. In defence, no witness has been examined by the accused.

5. The learned Trial Court after hearing counsel for the respective parties and considering the material available on record, by the impugned judgment, while convicting the accused/respondent under Section 324 IPC and sentencing him to the period already undergone by him with fine of Rs.2000/-, acquitted him of the charges punishable under Sections 294, 506, 307 of IPC and Section 25(1-B) (B)/27 of the Arms Act. Hence, this acquittal appeal by the State/appellant herein.

6. The learned State counsel submits that the learned Tri