Nafr High Court
Case Details
1 CHANDRAKANT DEWANGAN Digitally signed by CHANDRAKANT DEWANGAN Date: 2025.03.04 10:38:19 +0530 2025:CGHC:10256-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 27 of 2025 1 - Smt. Rajkumari W/o Bodhiram, Aged About 45 Years, R/o Village Basantpur, P.S. Pachpedi Bilaspur, District Bilaspur (C.G.). (Mother Of The Deceased) versus ... Appellant 1 - State Of Chhattisgarh, Through Station House Officer, Police Station Pachpedi, District Bilaspur (C.G.). 2 - Ramlal @ Keru Patel S/o Late Puniram Patel, Aged About 26 Years, R/o Basantpur P.S. Pachpedi, District Bilaspur (C.G.). ... Respondent(s) For Appellant
Legal Reasoning
: Mr. Shashi Kumar Kushwaha, Advocate. For Respondent No.1/State : Ms. Pragya Pandey, Dy. Govt. Advocate. DB: Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Radhakishan Agrawal Judgment On Board Per Sanjay S. Agrawal, J 03/03/2025 1) This appeal has been preferred by the mother of the deceased- Lakhan Patel under Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023, questioning the legality and propriety of the judgment 2 dated 28/10/2024, passed by the learned 6th Additional Sessions Judge, Bilaspur, District Bilaspur (C.G.) in Sessions Trial No.289/ 2022, whereby, the Respondent No.2- Ramlal @ Keru Patel has been acquitted from the offence punishable under Section 302 of IPC. 2) Briefly stated, the case of the prosecution is, that on 13/09/2022 around 13:30 hours, the Sarpanch of the village Basantpur, namely, Ramlal Kewat informed the Police Station Pachpedi of District Bilaspur that the deceased- Lakhan Patel was living with his parents at Lucknow and before two months, he had started living in his village alone and it was informed further that the house of him was locked from the outside and bad smell was coming from his house and the houseflies were buzzed around his room. His room was, somehow, opened where he was found dead. After holding the enquiry on it, an FIR (Ex.P-27) was registered on 23/09/2022 against an unknown person in connection with Crime No.229/2022 for the offence punishable under Sections 302 and 201 of IPC. Inquest of the dead body was made vide Ex.P-3 and was sent for autopsy, which was conducted by Dr. Anil Kumar (PW-12) on 15/09/2022, who vide his report Ex.P-20, was unable to give a definite opinion regarding the cause of his death and, opined further that it could be ascertained after the viscera report and in the FSL report (Ex.P-34), no chemical substances were, however, found on his body. During the course of investigation, Respondent No.2 – Ramlal was arrested on 24/09/2022 and based upon his disclosure statement (Ex.P-12), a sum of Rs.20,000/-, key, one mobile and a 3 hammer was recovered from his house vide Ex.P-13 in presence of two witnesses, namely, Netram Patel (PW-7) and Lammar Patel (PW-10). After completion of the usual investigation, a charge sheet was submitted before the Judicial Magistrate First Class, Bilaspur against the Respondent No.2 in connection with Crime No.229/2022 with regard to the offence punishable under Sections 302 and 201 of IPC. The matter was, thereafter, committed to the learned 6th Additional Sessions Judge, Bilaspur for trial, who in turn, has framed the charge against him under Section 302 of IPC and, the charge, so framed, was denied by him and claimed to be tried. 3) In order to bring home the guilt of the Respondent No.2- Ramlal Patel, the prosecution has examined as many as 15 witnesses and has exhibited 35 documents, while none was examined by the said Respondent in his defence. 4) The Trial Court, after considering the evidence led by the prosecution, arrived at a conclusion that the prosecution has failed to establish the fact that the said Respondent is the author of the alleged crime and, accordingly, he has been acquitted from the commission of the alleged crime and, being aggrieved, the instant appeal has been preferred. 5) Learned Counsel appearing for the Appellant submits that the findings of the Trial Court holding that the Respondent No.2 is not involved in connection with the alleged crime, is apparently contrary to the materials available on record, in as much as, the evidence led by the prosecution, has not been scanned in its proper manner and 4 thereby, erred in acquitting him as such, from the commission of the alleged crime. 6) Learned counsel appearing for the Respondent No.1/State, has supported the contention of the counsel for the Appellant. 7) We have heard learned counsel appearing for the Appellant and perused the entire record carefully. 8) From perusal of the record, it appears that Respondent No.2- Ramlal @ Keru Patel has been charge-sheeted with regard to the offence punishable under Section 302 of IPC. It appears that one Ramlal Kewat (PW-1), Sarpanch of the concerned village has informed the Police Station Pachpedi vide Dehati Merg (Ex.P-1) that dead body of the deceased was found in his room which was locked from its outside and bad smell was coming from his house and houseflies were being buzzed around his room. After holding the inquiry of the said intimation, an FIR (Ex.P-27) was registered on 23/09/2022 against an unknown person for the offence punishable under Sections 302 and 201 of IPC and, during investigation, the said Respondent, based upon the suspicion made by deceased’s father, was arrested on 24/09/2022 and based upon his disclosure statement (Ex.P-12), a sum of Rs.20,000/-, key, a mobile and hammer was recovered from his house on 24/09/2022, in presence of two witnesses, namely, Netram Patel (PW-7) and Lammar Patel (PW-10), but, they have, however, not supported the alleged seizures from him. According to the prosecution, since the accused was absconded from the date when the alleged incident had 5 occurred while switched off his mobile, therefore, an apprehension and doubt was created by deceased’s father regarding his involvement in connection with the alleged crime, but, none of the witnesses have, however, stated anywhere that he had absconded as such while switched off his mobile phone from the date of the occurrence of the alleged incident. The alleged fact was, thus, not found to be established by the prosecution, nor even the alleged recovery was proved. No cogent and reliable evidence has, thus, been placed on record by the prosecution in order to attribute the said Respondent from the commission of the alleged crime, occurred on 13/09/2022. 9) In view of the aforesaid background, the Trial Court has not committed any illegality in acquitting the said Respondent from the commission of the alleged crime, so as to call for any interference in this appeal. 10) The appeal, being devoid of merit is, accordingly, dismissed. -Sd/- (Sanjay S. Agrawal) Judge -Sd/- (Radhakishan Agrawal) Judge Chandrakant