State Of Chhattisgarh vs Lutharu Ram Nagesiya
2025 Latest Caselaw 3330 Chatt

Chattisgarh High Court

State Of Chhattisgarh vs Lutharu Ram Nagesiya on 27 June, 2025

                                                         1




                                                                        2025:CGHC:28666

             Digitally
             signed by

ARPAN
             ARPAN
             SRIVASTAVA                                                                NAFR
SRIVASTAVA   Date:
             2025.06.28
             12:07:42
             +0530
                              HIGH COURT OF CHHATTISGARH AT BILASPUR


                                                ACQA No. 137 of 2021

                  State Of Chhattisgarh, Through Police Station Lundra, District Surguja
                  Chhattisgarh.
                                                                                    ... Appellant
                                                       versus
                  Lutharu Ram Nagesiya, S/o Late Shri Sawaram Nagesiya, Aged About 66
                  Years, R/o Village Sahanpur (Parsapara), Police Station Lundra, District
                  Surguja Chhattisgarh.
                                                                                  ... Respondent

For Appellant : Mr. Ruhul Ameen, Panel Lawyer Single Bench : Hon'ble Shri Justice Sanjay S. Agrawal

Order on Board

27/06/2025

1. Heard on Admission.

2. This appeal has been preferred by the Appellant/State under Section 378

of the Code of Criminal Procedure, 1973, questioning the legality and

propriety of Judgment dated 23.11.2019 passed by the Judicial

Magistrate First Class, Ambikapur, District Sarguja (C.G.) in Criminal

Case No.625/2013, whereby, the respondent has been acquitted with

regard to the offence punishable under Sections 294, 506 Part-II & 324

IPC (wrongly mentioned under Sections 452 & 323, though no charge

was framed as such).

3. Briefly stated, the case of the prosecution is that on 18.03.2013, an

FIR (Ex.P/1) was lodged by one Biyanram before the Police Station,

Lundra, District Surguja, alleging inter-alia, that he received the

information from one Shivprasad that his father-Libharam was assaulted

by the Respondent- Lutharu Ram Nagesiya on 15.03.2013 with the aid

of axe and was admitted into the District Hospital at Ambikapur.

4. In order to establish the alleged allegation, son of the victim was

examined as PW-1, though he stated that his father was assaulted by the

Respondent with the aid of axe, but was, however, not present on the

spot, and has infact, came to know about the alleged incident from said

Shiv Prasad, who has, however, turned hostile without supporting the

prosecution story. Libharam, the victim was examined as PW-2 and it

was stated by him that he was assaulted by the Respondent on his

stomach with the aid of axe, owing to which, stitches were made on his

stomach. Insofar as the allegation of abusing by the respondent with

filthy words as well as the allegation of threat, are concerned, he,

however denied the said fact by saying that he was neither abused by

him with filthy words, nor was threatened to be killed.

5. Gunji Bai (PW-6) was the wife of the injured/Libharam, who has stated

in her examination-in-chief that her husband was assaulted by the

Respondent with the aid of axe, but in her cross-examination, it was,

however, stated that when her husband and the respondent were

quarreling with each other, her husband at that particular time, fell down

and sustained injuries. The evidence of her husband-Libharam, the

victim was, thus, not found to be corroborated by her testimony. That

apart, the alleged weapon "axe" was, however, found to be recovered on

17.05.2015 vide Ex.P-3 from the victim-Libharam himself. In view of

such circumstances and in absence of any cogent and reliable evidence,

the Trial Court has therefore, not committed any illegality in acquitting

the Respondent from the commission of the alleged crime.

6. The appeal being devoid of any merit is, accordingly, dismissed at the

admission stage itself.

Sd/-

(Sanjay S. Agrawal) Judge Arpan