2026:CGHC:2917-DB The date when The date when The date when the the judgment the judgment is judgment is uploaded on is reserved pronounced the website Operative Full - - -- 21.01.2026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 693 of 2024

1 - State of Chhattisgarh Through- Police Station Baikunthpur, District Koriya (C.G.) ... Appellant versus

1 - Jodhan Ram Khairwar S/o Birbal Khairwar, Aged About 50 Years

2 - Gulab Khairwar S/o Birbal Khairwar, Aged About 63 Years 3 - Dular Sai Khairwar S/o Birbal Khairwar, Aged About 30 Years 4 - Shiv Prasad Khairwar S/o Gulab Khairwar, Aged About 29 Years 5 - Uday Chand Khairwar S/o Birbal Khairwar, Aged About 48 Years

6 - Sushil Yadav S/o Shivcharan Yadav, Aged About 48 Years All are R/o Village Patrapali, Police Station Baikunthpur, District Koriya (C.G.)

... Respondent(s)

For Appellant : Mr. Ram Narayan Sahu, Dy. G.A.

For Respondent(s) : Mr. Anil Kumar Gulati, Advocate Hon'ble Smt. Justice Rajani Dubey Hon’ble Shri Justice Radhakishan Agrawal Judgment on Board Per Rajani Dubey, J.

19/01/2026

1. Heard on admission.

2. The present appeal has been preferred by the appellant challenging the judgment dated 07.09.2023 passed by the learned Special Judge [Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act], Baikunthpur, District Koriya (C.G.), in Special Criminal Case No. 03/2018, whereby the learned trial Court convicted the accused for the offence punishable under Section 323 read with Section 149 of the Indian Penal Code (three counts) and acquitted them of the charges under Sections 147, 148, 294, 506 (Part II), 323 (two counts), 353 (two counts), 307 read with Section 149 (two counts) of the Indian Penal Code, as well as under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. The prosecution case, in brief, is that on 23.08.2017, the complainant- Sandeep Kumar Sai was posted as a Constable and Santosh Sahu was also posted as a Constable. On the said date at about 7:30 p.m., both the aforesaid police personnel proceeded to Village Patrapali for the purpose of serving summons upon Somaru Ram and Bholashankar Yadav, who were complainant persons in Crime Nos. 230/2017 and 231/2017 registered at Police Station Baikunthpur. When they reached in front of the house of injured Bholashankar Yadav, the accused persons arrived at the spot, armed with deadly weapons such as iron rods and sticks and with the common intention to commit murder, assaulted Constable Sandeep Kumar Sai and Constable Santosh Sahu. When Ravishankar Yadav, Bholashankar Yadav and Harihar Yadav intervened to rescue them, the accused persons also assaulted these intervenors with sticks and iron rods with an intention to cause their death. In the course of the incident, the injured persons as well as the complainant and Constable Santosh Sahu sustained injuries. Somehow, the complainant Sandeep Kumar Sai and Santosh Sahu managed to save their lives and escaped from the spot.

On the basis of the written report lodged by the complainant-

Sandeep Kumar Sai, Raghunath Ram Bhagat, Assistant Sub- Inspector (P.W.-03), registered First Information Report vide Ex. P-03 at Police Station Baikunthpur under Crime No. 232/2017 for offences punishable under Sections 307, 147, 148, 149, 186, 323 and 332 of the Indian Penal Code. The injured persons were medically examined. During the course of investigation, a spot map (Ex. P-12) was prepared and statements of witnesses were recorded. On production of the caste certificate by complainant Sandeep Kumar Sai, a seizure memo (Ex. P-29) was prepared. Pursuant to the memorandum statements of accused Jodhan, Gulab Khairwar, Dular Sai, Shiv Prasad and Sushil Yadav, one wooden stick, one iron rod, one wooden stick, one bamboo stick and one iron rod were seized and seizure memos were prepared vide Exs. P-18 to P-21 and P-28 were prepared.

Upon completion of investigation and on finding prima facie evidence against the accused, they were a