2026:CGHC:15972 NAFR Digitally signed by HIGH COURT OF CHHATTISGARH AT BILASPUR PRAKASH PRAKASH KUMAR KUMAR Date:

2026.04.09

14:55:06 +0530 ACQA No. 200 of 2012 State of C.G. Through The District Magistrate, Distt. Rajnandgaon, Chhattisgarh, ... Appellant versus

1 - Subhash @ Aayatu, S/o Babulal, Aged About 32 Years R/o Village Pinkoda, PS Mirtur, Distt. Dantewada, Chhattisgarh, 2 - Laxman @ Sudhakar S/o Jangu Maravi, Aged About 36 Years, R/o Village Ranganwadi, Tah. Bot, Distt. Aadilabad A.P., 3 - Ashok Reddi @ Murli S/o Satti Reddi, Aged About 50 Years, R/o Village Tirumal Giri, PS Tirumal Giri, Distt. Nalgonda A.P., 4 - Shridhar Krishnan @ Vishnu S/o Krishnan Shrinivasan, Aged About 53 Years, R/o F-22, Teachers Colony, Deonar, Bombey 110 Maharashtra, ... Respondents For Appellant/State : Mr. Ram Narayan Sahu, Dy. G.A.

For Respondents : None Hon'ble Shri Justice Radhakishan Agrawal Judgment on Board

08.04.2026 Heard on admission.

1. This acquittal appeal filed by the Appellant/State arises out of the judgment dated 30.01.2012 passed by the Sessions Judge, Rajnandgaon, Chhattisgarh, in Sessions Case No.18/2010, whereby the learned trial Court acquitted the accused persons/respondents of the offences punishable under Sections 25(A) and 27 of the Arms Act, 1959, Section 4 of the Explosive Substances Act, 1908, and Section 8 of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005 and the Unlawful Activities (Prevention), 1967.

2. The prosecution case, in brief, is that the accused persons namely Subhash @ Aayatu, Laxman @ Sudhakar, Ashok Reddy @ Murli and Shridhar Krishnan @ Vishnu (respondents herein), along with other co- accused, were allegedly involved in naxalite activities prior to 03.07.2007 and were in possession of illegal arms/weapons, cartridges and explosive substances. During interrogation, accused Subhash is said to have disclosed his involvement in naxalite activities and also revealed the names of other co-accused persons. On the basis of the above, on 04.04.2010, offence was registered against the accused persons under Crime No.113/2010 in the police station Dongargarh, District - Rajnandgaon. During investigation, statements of the witnesses were recorded and accused/respondents were taken into custody. On the basis of the memorandum statement of accused Subhash (Ex.P-3 and Ex.P-4), the police allegedly recovered four rifles, three guns, cartridges and other articles from the forest area of Kanaghurra and seized them vide Ex. P-5. Subsequently, further recovery of explosive materials including liquid explosives and arms was allegedly made from the forest area on the basis of another memorandum, seized vide Ex. P-2.

3. After completion of the investigation, a charge sheet was filed against the accused persons/respondents before the competent trial Court. The accused/respondents denied the allegations, pleaded not guilty and prayed for a trial.

4. The trial Court, after hearing counsel for the parties and appreciating the evidence on record, by the impugned judgment acquitted the accused persons/respondents herein of all charges leveled against them.

5. Learned counsel for the Appellant/State submits that the learned trial Court is unjustified in acquitting the accused/respondents herein of charges levelled against them by recording perverse findings. He further submits that the evidence available on record clearly shows that the accused/respondents were involved in naxalite activities and were found in possession of the dangerous weapons and other explosive substances and despite such cogent and clinching evidence, the learned trial Court, without appreciating the material on record in its proper perspective, committed a grave error in acquitting the accused/respondents. Thus, the impugned judgment of acquittal suffers from perversity and illegality and is, therefore, liable to be set aside.

6. I have heard learned counsel for the Appellant/State and perused the material available on record.

7. The Supreme Court in the ma