State Of Chhattisgarh vs Prem Sai

This acquittal appeal is directed against the impugned judgment of acquittal dated 21.06.2021 passed by the learned 2nd Additional Sessions Judge, Ramanujganj, District Balrampur-Ramanujganj in ST No.85/2018, by which the Trial Court has acquitted the respondent herein of the charges punishable under Section 458 & 307 of IPC holding that the prosecution has failed to prove its case beyond reasonable doubt, against which this acquittal appeal has been filed.

Ms. Hamida Siddiqui, learned State counsel, would submit that the learned Trial Court has absolutely erred in acquitting the respondent herein of the aforesaid charges by misreading the evidence of PW-7 Jugru Ram, the injured/complainant witness, as such the appeal deserves to be admitted for hearing.

We have heard learned State counsel, considered her submission made herein-above and went through the record with utmost circumspection.

The learned Trial Court has acquitted the respondent herein of the aforesaid charges levelled against him primarily relying on the statement of Jugru Ram, the injured/complainant witness. Jugru Ram has been examined as PW-7. He has made contradictory statements and turned hostile. In para 3 of his examination-in-chief, he stated that the respondent herein Prem Sai assaulted him on his head by an iron rod when he was sleeping in his house, thereafter in para 5 of his cross-examination, he stated that after having taken liquor and after closing doors of his house, he went to sleep and when he got up in the night in state of intoxication, he suffered injury on his head from the doors while getting up. Likewise, in para 6 of his cross-examination, he stated that the respondent accused had not come to his house on the date of incident.

Considering the entire facts and circumstances of the case, particularly the testimony of PW-7 Jugru Ram contradictory in nature and taking into consideration the other evidence available on record as well, this Court is of the opinion that the Trial Court has rightly come to the conclusion that the prosecution has failed to prove its case beyond reasonable doubt.

We do not find any illegality or perversity in the impugned judgment of acquittal warranting any interference by this Court.

Accordingly, the acquittal appeal is dismissed without notice to the other side.