2026:CGHC:9775 NAFR Digitally signed by PRAKASH PRAKASH KUMAR KUMAR Date:

2026.02.25 HIGH COURT OF CHHATTISGARH AT BILASPUR

15:25:26 +0530 ACQA No. 136 of 2016 Ravindra S/o Vishwnath Vishwkarma, Aged About 38 Years, Occupation Carpenter, R/o Village Ramanujganj, Ward No. 5, Thana Ramanujganj, Civil District Surguja, Revenue District Balrampur-Ramanujganj, Chhattisgarh.

... Appellant versus

1 - State of Chhattisgarh Through District Magistrate Balrampur, District Balrampur Ramanujganj, Chhattisgarh.

2 - Aashish Kumar S/o Dayashankar Tiwari, Aged About 23 Years, 3 - Dayashankar, S/o Late Baijnath Singh Tiwari, Aged About 60 Years, 4 - Shivendra S/o Late Shaligram Pandey Aged About 56 Years, 5 - Omprakash S/o Late Shaligram Pandey Aged About 48 Years, R/o Village Ramanujganj, Ward No. 5, Thana Ramanujganj, District Balrampur Ramanujganj, Chhattisgarh.

... Respondents For Appellant : Mr. Sanjay Agrawal, and Mr. Ashutosh Raj Sinha, Advocates For Respondent No.1/State : Mr. Ramnarayan Sahu, Dy. G.A.

For Respondent No.2 to 5 : None Hon’ble Shri Justice Radhakishan Agrawal Judgment on Board

24.02.2026

1. This acquittal appeal filed by the appellant/complainant arises out of the judgment dated 16.10.2015 passed by the learned Additional Judge to the Court of Additional Sessions Judge, Ramanujganj, District Surguja, Chhattisgarh in Criminal Appeal No. 40/2015, arising out of the judgment dated 16.04.2015 passed by the Judicial Magistrate First Class, Ramanujganj, District Balrampur, Chhattisgarh whereby the learned trial Court convicted the accused persons, namely, Ashish and Shivendra, under Sections 323 (three counts) and 294 of the IPC and sentenced them to payment of fine of Rs. 500/- on each count. The other accused persons, namely, Dayashankar and Omprakash, were convicted under Section 294 of the IPC and sentenced to payment of fine of Rs. 500/- each. In default of payment of fine, they were directed to undergo additional rigorous imprisonment for one month (three counts), 15 days, and 15 days respectively. The learned Appellate Court, vide judgment dated 16.10.2015, acquitted the accused persons Dayashankar, Shivendra, and Omprakash of the aforesaid charges, and maintained the conviction of Ashish Kumar only under Section 323 of the IPC for causing injury to Deendayal and acquitted him of charge under Section 323 (2 counts) and Section 294 of IPC.

2. Case of the prosecution, in brief, is that the complainant filed a complaint stating that a long-standing land dispute exists between the complainant and the accused persons, and a civil suit in that regard is pending adjudication. It is alleged that on 11.03.2008, at about 07:00– 07:30 PM, the complainant’s son, Deendayal @ Chhotu, was proceeding from his house when accused Ashish Tiwari intercepted him on the road and assaulted him with fists and blows. Upon hearing his cries, the complainant reached the spot and intervened, whereupon accused Ashish Tiwari also assaulted the complainant. At the same time, the complainant’s wife, Smt. Reena Vishwakarma, arrived at the place of occurrence. Accused Shivendra Pandey and Ashish allegedly pushed her to the ground. As a result of the said assault by the accused persons, the complainant, his wife and his son Deendayal suffered injuries on their bodies. It is further alleged that the other accused persons also used filthy language over the complainant and his family. On the basis of the above complaint, offence was registered against the accused persons.

3. Statements of the witnesses were recorded and after completing investigation, charge sheet was filed against the accused persons before the concerned trial Court. Accused persons abjured the guilt and prayed for trial.

4. The trial Court, after hearing counsel for the parties and appreciating the evidence on record, convicted the accused persons as mentioned above. However, learned Appellate Court vide order dated 16.10.2015 acquitted the accused persons, however, convicted Ashish Kumar for the o