State Of Chhattisgarh vs Vijay Vig
2022 Latest Caselaw 1506 Chatt

                                   1

                                                                     NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR

                       ACQA No. 169 of 2021
    State   of  Chhattisgarh   Through  Police                 Station
     Tarbahar, District Bilaspur Chhattisgarh.
                                                      ­­­­ Appellant
                             Versus
    Vijay Vig S/o Late Amritlal Vig Aged About 40 Years
     R/o   Pandra  Pathra  (Charpara),   Police  Outpost
     Belgahna, Police Station Kota, District Bilaspur
     Chhattisgarh.
                                                     ­­­­ Respondent



For Appellant/State :        Ms. Madhunisha Singh, Dy. A.G.


     DB : Hon'ble Shri Justice Sanjay K. Agrwal, J.

Hon'ble Smt. Justice Rajani Dubey, J.

Order on Board

23.03.2022

1. Application for grant of leave to appeal has been

filed by the State in the matter of acquittal of

accused/respondent from the charges punishable

under Sections 458 & 307 of the Indian Penal Code

by the learned Sessions Judge, Bilaspur (C.G.)

2. Learned Sessions Judge has acquitted the respondent

herein from aforesaid offences extending the

benefit of doubt.

3. Learned counsel for the State submits that by

ignoring the material available on record and by

recording perverse finding, learned trial Court has

acquitted the accused/respondent of the charges

levelled against him, which deserves to be set­

aside by admitting the appeal.

4. The case of the prosecution, in brief, is that in

the intervening night of 04­05.07.2017,

accused/respondent entered the house of complainant

Ashok Singh Thakur (PW­4) and assaulted him with

Tangi (Axe) as a result of which he sustained

grievous injuries, which were sufficient to cause

his death, thereby committed the offence.

5. The learned trial Court, after appreciating the

oral and documentary evidence available on record,

much particular the evidence of complainant Akash

Singh (PW/4), reached to the conclusion that there

is contradiction in the evidence of Complainant

that at one point of time he has stated that the

accused/respondent has assaulted him by hands and

fists and, on the other hand, in para 15, he denied

the fact of assault by the accused/respondent, and

as such, prosecution has failed to prove those

offences beyond reasonable doubt.

6. The findings recorded by learned Sessions Judge

acquitting the respondent from the offence

punishable under Sections 458 & 307 of the Indian

Penal Code is based on material available on

record. We find no legality in the order impugned

acquitting the respondent particularly when there

is a settled legal position that if two views are

possible, the appellate court should not interfere

with the judgment of acquittal, even otherwise, the

prosecution thus has utterly failed in proving its

case beyond reasonable doubt and the trial Court

has fully justified in recording the finding of

acquittal which is based on proper appreciation of

evidence available on record.

7. Accordingly, the acquittal appeal is dismissed in

limine at motion stage itself.

             Sd/-                                          Sd/-
        (Sanjay K. Agrawal)                          (Rajani Dubey)
              Judge                                       Judge




V/-