2026:CGHC:9466-DB Digitally signed by RAVVA UTTEJ KUMAR RAJU NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 309 of 2017 State of Chhattisgarh, through P. S. Raghunath Nagar, District Balrampur-

Ramanujganj, (C.G.).

... Appellant Versus

1 - Harinath Singh, S/o Late Jeendlal, aged about 48 years, R/o Village Chanwarsarai, P. S. Raghunath Nagar, District Balrampur- Ramanujganj, (C.G.).

2 - Sitaram, S/o Harinath Gond, aged about 24 years, R/o Village Chanwarsarai Bhutaiyapara, P. S. Raghunath Nagar, District Balrampur-

Ramanujganj, (C.G.).

3 - Rajaram, S/o Harinath Gond, aged about 22 years, R/o Village Chanwarsarai Bhutaiyapara , P. S. Raghunath Nagar, District Balrampur-

Ramanujganj, (C.G.).

4 - Arvind Kumar, S/o Manikchand Gond, aged about 24 years, R/o Village Chanwarsarai Bhutaiyapara, P. S. Raghunath Nagar, District Balrampur-

Ramanujganj, (C.G.).

5 - Manikchand, (Died) and Deleted as per Hon’ble Court Order Dated 17-11-

2025 ... Respondents (Cause title is taken from Case Information System Software.)

For State/Appellant : Mr. Atanu Ghosh, Dy. G.A.

For Respondents : Mr. Tanuj Patwardhan, Advocate.

Hon’ble Smt. Justice Rajani Dubey, J.

Hon’ble Shri Justice Radhakishan Agrawal, J.

Judgment on Board Per , Rajani Dubey, J.

24/02/2026

1. This acquittal appeal has been preferred by the State/appellant against the impugned judgment of acquittal dated 17.05.2017 passed by the Additional Sessions Judge, Ramanujganj, District- Sarguja (C.G.) in Sessions Trial No. 33/2016, whereby the accused/respondents were acquitted of the charge levelled against them under Sections 147, 148, Section 323 in alternate Section 323/149, Section 307 in alternate Section 307/149 of IPC.

2. Brief facts of the case as adumbrated are that the complainant Jitendra Kushwaha informed at the Raghunath Nagar Police Station on 07.07.2015 alleging that on 07.07.2015 at about 9 am, Sitaram Gond started cultivating complainant's land with a plough and bullocks which was already ploughed by the complainant. When the complainant went to plough with his tractor, he asked Sitaram as to why he was cultivating his land, on this issue a debate started between the complainant and Sitaram. At the same time, the accused and other co- accused persons constituted unlawful assembly being armed with sticks in their hands. The complainant's uncle Ramchandra had gone to the field to plough with a tractor, when the complainant called him on mobile phone, his uncle Ramchandra came running there and along with him his cousin Raghubir Kushwaha too came and they tried to convince them, all the accused started fighting and started assaulting the complainant, his uncle and cousin Raghubir Kushwaha with sticks and spear in their hands and voluntarily inflicted injuries upon them. The co-accused Rajaram and Harinath assaulted the complainant with sticks due to which the complainant sustained injuries on his back, left wrist and right wrist. Rajaram, Arvind, Harinath and Manikchand assaulted the complainant's uncle Ramchandra with sticks due to which his head got cracked and he was bleeding profusely, his right hand got torn near the thumb, he also sustained injuries on his back, waist and palm. Sitaram, Harinath and Arvind assaulted the complainant's cousin Raghubir Kushwaha too with sticks. Hearing the victims' cries for help, Babunandan Kushwaha, Gopi Kushwaha, and Santosh Kushwaha rushed to the scene to rescue them, causing the assailants to flee. As such, on the basis of the above information, the crime was found to have occurred and hence the Raghunath Nagar Police Station registered an F.I.R. against the accused persons under Crime No. 35/15 for offence punishable under Sections 147, 148, 149, 307 and 323 of IPC and the matter was taken up for investigation. During the course of investigation, the injured Jitendra Kushwaha, Ramchandra Kushwaha and Raghu Kumar Kushwaha were medically examined and their X-Ray was done. A spot map of the incident was prepared and the statements of the witnesses wer