[Cites 4, Cited by 0]
Chattisgarh High Court
State Of Chhattisgarh vs Narsingh Jangde on 13 March, 2026
1
2026:CGHC:12109
PRASHANT
DEWANGAN
Digitally signed
by PRASHANT
NAFR
DEWANGAN
Date: 2026.03.13
19:12:56 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
ACQA No. 198 of 2022
State Of Chhattisgarh Through The Police Outpost, Police Station
Kharora, District Raipur Chhattisgarh.
... Appellant
versus
1 - Narsingh Jangde S/o Shriram Chand Jangde, Aged About 35 Years
R/o Village Bhejridih, Police Station Kharora, District Raipur
Chhattisgarh.
2 - Tikaram Jangde, S/o Late Shri Sukhdas Jangde Aged About 42
Years R/o Village Bhejridih, Police Station Kharora, District Raipur
Chhattisgarh.
3 - Sitaram Jangde, S/o Late Shri Sukhdas Jangde ,Aged About 47
Years R/o Village Bhejridih, Police Station Kharora, District Raipur
Chhattisgarh.
... Respondents
For State/Appellant : Mr. Dharmesh Shrivastava, Dy. A.G.
For Respondents : Mr. B.L. Sahu, Advocate
Single Bench : Hon'ble Shri Justice Sanjay S. Agrawal
Judgment on Board
13/03/2026
1. 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 the judgment dated 08/10/2021 passed by the
Additional Chief Judicial Magistrate, Raipur, District- Raipur (C.G.) in
Criminal Case No.2608/2015, whereby, the respondents have been
acquitted with regard to the offence punishable under Sections 294,
323 and 506 Part-II read with Section 34 of IPC.
2. According to the prosecution, a report (Ex.P/1) was lodged by the
complainant, namely, Dharmendra Kumar Baghel, before the Police
Station- Kharora, District- Raipur (C.G.) alleging inter-alia that on
29/01/2015, when he was watching T.V. around 08:00 P.M., the
respondents Narsingh, Tekram and Tikaram came and on account of
the Panchayat election, they insisted him to cast his vote in favour of
one Rameshwar Baghel, owing to which, altercation took place, as a
result of which, he was assaulted by them with hands and fists, while
abusing with filthy words in the name of mother and sister. It is
alleged further that, when he shouted, Kejram, Mahesh, Kamal and
one Radheshyam came for his rescue, but they were also abused by
them with the said filthy words and threatened to kill. Based upon
the alleged allegations, the respondents and one Tekram were
charge-sheeted for the offence mentioned herein-above and during
the course of trial, one of the accused, namely, Tekram Jangde has
died.
3. In order to establish the alleged allegation, the complainant-
Dharmendra Kumar Baghel was examined as PW-1 and from perusal
of his statement, it appears that, on the said fateful day, i.e.
29/01/2015, when he was wathching T.V., the accused Narsingh
came to his house in drunken condition and asked him to come out
from the house and told him to cast his vote in favour of one
Rameshwar Baghel, owing to which, it was stated by him that, he will
cast as per his wish, which got annoyed him and started assaulting
him with hands and fists while abusing with filthy words. He deposed
further that, when he shouted, then other accused persons also
came and started assaulting him and, after hearing his noise, Tekram
and Radheshyam came for his rescue, but they were also assaulted
by them. Although, it was stated by him that on the said fateful day,
the respondent- Narsingh came to his house in drunken condition
but, the said fact was, however, not revealed from his alleged report
(Ex.P/1). Besides, though, it was stated by him in his alleged report
that when he shouted, Kejram, Mahesh, Kamal and Radheshyam
came for his rescue, but in his statement, he has, however, not
mentioned the name of Mahesh and Kamal. There is, thus, disparity
in his statement.
4. According to Radheshyam (PW-2), he was going towards tank on the
said fateful day and when he heard the noise of the complainant-
Dharmendra that, he was being assaulted by Sitaram and others, he
then reached there and has seen that he was being assaulted by the
respondents with hands and fists. He deposed further that when he
intercepted the matter, he was also assaulted by them with hands
and fists, owing to which, he sustained injuries on his hand.
5. Kejram Jangde (PW-3), who also came for rescue to the complainant
on the said fateful day, stated that the respondents were telling him to
cast his vote in favour of said Rameshwar Baghel and the
complainant and he (PW-3) was also assaulted by them because he
was supporting the complainant, owing to which, he sustained
injuries on his neck and near the hand. More or less is the statement
of Kamal Baghel (PW-4), but while exonerating, it was deposed by
him that the respondents were assaulted him and the complainant
with the aid of wooden stick as well, which was, however, not stated
either by the complainant- Dharmendra, or by Radheshyam (PW-2)
and Kejram (PW-3). Pertinently to be noted here further, as revealed
from the testimony of Mahesh Kumar Jangde (PW-5), that one Geeta
Bai and Chanda had also reached the spot for intercepting the
alleged incident, but their (Geeta Bai and Chanda Bai) names were,
however, not disclosed either by the complainant in his alleged report
(Ex.P/1) and the statement, or even by other prosecution witnesses.
That apart, they (Geeta Bai and Chanda Bai) have not been
examined for the reasons best known to the prosecution. It appears
further from his (PW-5) testimony that, he was assaulted by them
with hands and fists, but according to his MLC report (Ex.P/8), it
appears that, he sustained injuries near his wrist with the wooden
stick.
6. In view of such circumstances and in absence of any cogent and
reliable evidence led by the prosecution, the trial Court has,
therefore, not erred in acquitting them from the commission of the
alleged crime, so as to call for any interference in this appeal.
7. The appeal being devoid of merit is, accordingly, dismissed.
Sd/-
(Sanjay S. Agrawal)
Judge
Prashant
