2026:CGHC:12006-DB NAFR HIGH COURT OF CHHATTISGARH, BILASPUR ACQA No. 67 of 2017

1 - Smt. Sumitra Bai Wd/o Late Kunjram, Aged About 36 Years, R/o Village Jaropali, Police Station Sarsiva, District- Balodabazar-

Bhatapara, Chhattisgarh. , Chhattisgarh --- Appellant versus

1 - Chandraprakash @ Fadal Banjare, son of Dharmu Banjare, Aged About 40 Years, R/o Jorapali, Police Station Sarsiva, District- Balodabazar- Bhatapara, Chhattisgarh.

2 - Pili Bai W/o Chandra Prakash Banjare Aged About 38 Years R/o Village Jorapali, Police Station Sarsiva, District Baloda-

Bazar, Bhataapara, Chhattisgarh.

3 - State Of Chhattisgarh, Through The Police Station Sarsiva, District Balodabazar- Bhatapara, Chhattisgarh.

--- Respondents And ACQA No. 71 of 2017

1 - State of Chhattisgarh Through P.S. – Sarsiwa, District Baloda-

Bazar-Bhatapara (C.G.)

---Appellant Versus

1 - Chandra Prakash @ Fadal Banjare, S/o Dharmu Banjare, Aged About 40 Years, R/o Village Jorapali, Police Station Sarsiva, District Balodabazar Bhatapara Chhattisgarh

2 - Peelibai, W/o Chandra Prakash Banjare, Aged About 38 Years, R/o Village Jorapali, Police Station Sarsiva, District Balodabazar Bhatapara Chhattisgarh.

--- Respondent(s)

For Appellants : Mr. Shikhar Sharma, Advocate in ACQA No.67/2017 and Mr. Ramnarayan Sahu, Dy. Govt. Advocate in ACQA No.71/2017 For Res. No.1 & : Mr. Hemant Gupta, Advocate.

2/accused in both the appeals.

For Respondent : Mr. Ramnarayan Sahu, Dy. Govt.

No.3/State in ACQ Advocate.

No.67/2017 D.B. : Hon'ble Smt Justice Rajani Dubey & Hon’ble Shri Justice Radhakishan Agrawal (Judgment on Board)

(13.03.2026)

Per Rajani Dubey, J

1. Since the aforesaid acquittal appeals arise out of the same impugned judgment of acquittal, they are being heard together and disposed of by this common judgment.

2. The ACQA No. 67/2017 has been preferred by the victim/appellant herein and ACQA No.71/2017 has been preferred by State/appellant here against the judgment dated 07.10.2016 passed in Sessions Trial No.09/2015 by the learned 1^st Additional Sessions Judge, Balodabazar, District Balodabazar (C.G.), whereby the learned Trial Court acquitted the accused/respondent Nos. 1 and 2 herein of the charges punishable under Sections 302, 294, 506(Part-

II), and 326 of IPC.

3. The prosecution case, in brief, is that Kunjram Banjare (since deceased) lodged a report on 16.12.2014 at about 11:10 A.M., to the effect that he worked as an agricultural labourer. On 14.12.2014, after having his meal, he was standing in the lane in front of his house at about 8:00 P.M. At that time, his neighbour Chandra Prakash (accused/respondent No.1) came there holding an iron axe (tangiya) in his hand, and his wife Peelabai (accused/respondent No.2) came carrying an iron rod (sariya). Both of them started abusing him in filthy language referring to his mother and sister and, on account of previous enmity, threatened to kill him. Thereafter, Chandra Prakash assaulted him with the iron axe and Peelabai struck him with the iron rod on the left side of his head and near his left eye, causing injuries from which blood started oozing out. Due to the assault, he fell down on the ground while raising alarm. Hearing his cries, his wife Sumitra Bai came there, upon which accused/respondents Chandra Prakash and Peelabai fled from the spot. Thereafter, his family members took him to Narayana Hospital, Raipur for treatment. However, due to shortage of money for treatment, they brought him back home at about 3:00 A.M. on 15.12.2014 and succumbed to the injuries in police station. On the basis of the aforesai under Sections 294, 323, 324, 326, 506-B and 302 d report, the concerned police station registered a case against the accused persons under Sections 294, 323, 324, 326, 506-B and 302 of the IPC.

4. After completing the usual investigation, a charge sheet was filed against the accused persons for the offence punishable under Sections 294, 323, 324, 326, 302, 34 IPC before the Court of the Judicial Magistrate First Class, Bhatgaon followed