2026:CGHC:12425-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 66 of 2023 State of Chhattisgarh Through Police Station Jashpur, District Jashpur (C.G.)

--- Appellant(s)

versus Rajnit Bhagat S/o Sukhnath Aged About 45 Years R/o Village Bankitoli Jashpur, Police Station Jashpur, District Jashpur (C.G.)

--- Respondent(s)

CRA No. 1162 of 2022 Yogesh Bhagat S/o Late Sukhnath Ram Aged About 30 Years R/o Village- Bankitoli, P.S.- Jashpur, District- Jashpur, Chhattisgarh ---Appellant(s)

versus The State of Chhattisgarh Through P.S.- Jashpur, District- Jashpur, Chhattisgarh ---Respondent(s)

(Cause-title taken from Case Information System)

For Appellant : Mr. Pradeep Kumar Singh, Advocate in Digitally s B i R gn IJ e M d O b H y AN CRA No. 1162 of 2022.

BRIJMOHAN MORLE MORLE Date:

2026.03.23 For Respondent/State : Mr. Priyank Rathi, Government Advocate +0530 in CRA 1162 of 2022 & ACQA No. 66 of

2023.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

16 .03.2026

1. Since both the Criminal Appeal filed on behalf of the accused/appellant as well as Acquittal Appeal filed on behalf of the State arise out of same judgment, they are clubbed and heard together and are being disposed off by this common order.

2. Heard Mr. Pradeep Kumar Singh, learned counsel for the accused/appellant in CRA No. 1162 of 2022 as well as Mr. Priyank Rathi, learned Government Advocate, appearing for the State/appellant in ACQA No. 66 of 2023 and for State/respondent in CRA No. 1162 of

2022.

3. ACQA No. 66 of 2023 has been filed on behalf of the State, challenging the legality, validity and propriety of judgment dated 29.06.2022 passed by the learned Sessions Judge, Jashpur, District Jashpur (C.G.) (for short, ‘learned trial Court’) in Sessions Trial No. 58 of 2019, whereby the learned trial Court has acquitted the accused/respondent – Rajnit Bhagat from the offence punishable under Section 201 of the Indian Penal Code (for short ‘the IPC’), holding that the prosecution has failed to prove its case beyond reasonable doubt against the accused/respondent.

4. CRA No. 1162 of 2022 has been filed by the appellant – Yogesh Bhagat challenging the legality, validity and propriety of very same judgment dated 29.06.2022 passed by the learned trial Court in Sessions Trial No. 58 of 2019, whereby the appellant has been convicted and sentenced as under:

5. The case of the prosecution, in brief, is that the complainant, Ganesh Ram Barik (PW-1), is a resident of Village Kharijharia, Police Station Kunkuri. His elder brother, Umesh Barik, resided at Gamharia, Jashpur, along with his wife and children and was employed as a driver. On 05.09.2019, at about 11:00 p.m., the complainant received a telephone call from his sister, Draupadi Barik (PW-8), informing him that at around 9:00 p.m. on the same day, Umesh Barik had been assaulted at the house of Ranjit Ram Bhagat, situated at Bankitoli, Jashpur. It was alleged that the accused, Yogesh Bhagat, attacked him with a sharp-edged weapon, namely an axe, with the intention to kill, thereby inflicting a grievous head injury. The injured was thereafter admitted to the District Hospital, Jashpur, for treatment.

6. Upon receiving the said information, the complainant immediately proceeded to the District Hospital, Jashpur, along with his sister Draupadi. On reaching the hospital, he found that his elder brother, Umesh Barik, had succumbed to his injuries and his body was lying on a stretcher in the mortuary. He noticed a deep injury on the middle of the head of the deceased, apparently caused by a sharp-edged weapon. His sister Draupadi further informed him that the incident had been witnessed by Ranjit Ram Bhagat (PW-9), the elder brother of the accused, as well as by Smt. Chameli Bhagat and Smt. Parvati (PW-14). Ranjit Bhagat also disclosed that the accused, Yogesh Bhagat, harboured suspicion that his wife was having an illicit relationship with the deceased, Umes