V PADMAVATHI Date: 2026.02.25

2026:CGHC:8710 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 563 of 2024 State Of Chhattisgarh Through Police Station Bhilai Nagar, District Durg (C.G.)

... Appellant(s)

versus

1 - Lav Kumar Jaswani S/o Late Shyamsundar Jaswani Aged About 46 Years R/o D-39, Baron Bazar, Raipur (C.G.)

2 - Kush Kumar Jaswani S/o Shyam Sundar Jaswani Aged About 44 Years R/o K-6 Gavda Colony, Tikrapara, Raipur (C.G.) ... Respondent(s)

(Cause title is taken from the CIS)

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For Appellant /State : Shri Vinod Tekam, PL For Respondents : Shri Kishan Kumar Yadav, on behalf of Shri Awadh Tripathi, Advocate ------------------------------------------------------------------------------------------------------------------

Hon'ble Shri Justice Ravindra Kumar Agrawal Judgment on Board

18.02.2026

1. This appeal has been filed by the appellant/State under Section 378(3) of the CrPC, 1973 against the impugned judgment of acquittal dated 29.01.2018 passed by the learned First Additional Judge to the Court of First Additional Sessions Judge, Durg CG in Sessions Case- 95 of 2016, whereby the respondent/accused person- Lav Kumar Jaswani has been acquitted from the offence under Sections 455/34, and 392/34, in alternate, Section 397/34 of the IPC, whereas respondent/accused person-Kush Kumar Jaswani has been acquitted from the offence under Section 455/34, and 392/34, in alternate, Section 397/34 of the IPC, and Sections 25 and 27 of the Arms Act.

2. Case of the prosecution in brief is that on 09.02.2016, at about 2.20 pm, the accused persons knocked at the door of the complainant- Priyanka, PW2, as and when she opened the door, accused persons entered into the house, tied the complainant and looted golden and silver ornaments, and her mobile phone. When they heard the noise of a Car in the lane, they fled away from the spot. After some time, her mother, and brother came there, opened the knot, then, she lodged report to the Policen Station-Bhilai Nagar at about 15.15 hours, based on the report, FIR-Ex.P2 was lodged for the offence under Section 392 of the IPC against unknown persons. Spot Map Ex.P3 was prepared by the Police.

One sweet box has also been seized from the spot Ex.P1.

3. Statements of the witnesses were recorded, and during the investigation, accused persons were arrested on 15.02.2016 by the DD Nagar Police, Raipur Police for offence in Crime No.23 of 2016, and in that case, their memorandum statements were recorded, in which they disclosed about the present offence also, of Crime No.95 of 2016, and investigation in the present case was carried out. Memorandum statements of the accused persons Ex.P11 and P12 were recorded in Crime No.23 of 2016 by the Police Station DD Nagar, Raipur.

4. From accused-Kush Jaswani, his Maruti Car, and vehicle sale agreement have been seized vide seizure Memo Ex.P13; one Mangal Sutra, two coins, two gold chains, one pair bracelet, one pair ear rings (Jhumka) and ear studs have been seized vide seizure memo Ex.P14; from accused Kush Jaswani, one silver color pistol and six live cartridges have also been seized vide seizure memo Ex.P15 in Crime No.23 of 2016 by the DD Nagar Police. From the accused Lav Jaswani, two chains, one pair of ear studs, and one pair Jhumka, one locket, and ten silver coins have been seized vide seizure memo Ex.P16. The pistol seized from the accused-Kush Jaswani has been sent to the Armory office, Raipur for its examination. The accused persons were put to test identification parade, which was conducted by the Executive Magistrate, and test identification memo Ex.P4 has been prepared. The ornaments seized from the accused persons were also put to test identification and the said ornaments were also identified by the complainant and identification memo Ex.P5 was prepared. Spot map Ex.P6 was prepared by the patwari. After completion of usual investigation, charge-sh