Bajrang Singh @ Neeraj Singh vs State Of Chhattisgarh

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CGHC010010832017 2026:CGHC:38733-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Acquittal Appeal No. 167 of 2017
1 - Bajrang Singh @ Neeraj Singh S/o Pratap Singh Rawat, Aged About
35 Years R/o Rawat Residency, Bhagwanpur, Ambikapur, District
Surguja, Chhattisgarh, Chhattisgarh
... Appellant(s)
versus
1 - State Of Chhattisgarh Through Police Station Gandhi Nagar,
Ambikapur, District Surguja, Chhattisgarh, Chhattisgarh
2 - Manish Tiwari S/o Awdhesh Tiwari, Aged About 28 Years R/o Gandhi
Nagar, Police Station Gandhi Nagar, District Surguja, Chhattisgarh,
District : Surguja (Ambikapur), Chhattisgarh
3 - Sandeep Ghosh S/o Shyam Sunder Ghosh, Aged About 30 Years
R/o Subhash Nagar, Police Station Gandhi Nagar, District Surguja,
Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh
4 - Sanju Gupta @ Sanjay S/o Bhola Prasad, Aged About 29 Years R/o
Fundurdihari, Police Station Gandhi Nagar, District Surguja,
Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh

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5 - Jitu @ Jitendra Gupta S/o Bharat Prasad, Aged About 30 Years R/o
Gandhi Nagar, Police Station Gandhi Nagar, District Surguja,
Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh
... Respondent(s)
For Appellant : Mr. Kishore Narayan, Advocate
For Respondent
: Mr. Sharad Mishra, P.L.
No. 1/State
For Respondents
: Mr. Ashutosh Biswas, Advocate
No. 2 and 3
For Respondents
: Ms. Aditi Joshi, Advocate
No. 4 and 5
DB – Hon’ble Shri Justice Sanjay K. Agrawal
Hon’ble Shri Justice Sanjay Kumar Jaiswal
Judgment on Board
01/09/2026
1. This acquittal appeal under Section 372 of CrPC has been
preferred by the complainant/victim questioning the impugned
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judgment of acquittal dated 29/05/2017 passed by learned 3
Additional Session Judge, Ambikapur, District Sarguja in Sessions
Trial No. 619/2013 whereby respondents No. 2 to 5 have been
acquitted from the charges punishable under Sections 294,
307/34 of IPC on the ground that they have wrongly been given
benefit of doubt.
2. Mr. Kishore Narayan, learned counsel for the appellant, submits
that the complainant/victim has a right to prefer this appeal
against the impugned judgment of acquittal and since

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respondents No. 2 to 5 have been acquitted on perverse grounds,
therefore, it is a fit case where the impugned judgment of acquittal
is liable to be set aside and thus, respondents No. 2 to 5 be
convicted under Section 307/34 of IPC or in alternative, under
Section 323 or 324 of IPC.
3. Per contra, Mr. Ashutosh Biswas and Ms. Aditi Joshi, learned
counsel for respondents No. 2 to 5/accused persons, would
submit that State had already preferred an acquittal appeal
bearing No. ACQA/35/2018 (State of Chhattisgarh v. Manish
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Tiwari and Others ) challenging the impugned judgment of
acquittal dated 29/05/2017 and that stood dismissed vide
judgment dated 01/08/2025 passed by the coordinate Bench of
this Court and since it has not been put to challenge either by the
appellant/complainant/victim or by the State, therefore, it has
become final. As such, the instant appeal is liable to be dismissed.
4. We have heard learned counsel for the parties, considered their
rival submissions made herein-above and went through the record
with utmost circumspection.
5. As noticed above, respondents No. 2 to 5 had been acquitted vide
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judgment and decree dated 29/05/2017 passed by learned 3
Additional Sessions Judge, Ambikapur in Sessions Trial No.
619/2013 against which, State preferred an acquittal appeal
before this Court bearing No. ACQA/35/2018 (State of
Chhattisgarh v. Manish Tiwari & Ors.) and it was dismissed vide
1 2025:CGHC:37883-DB

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judgment and decree dated 01/08/2025 passed by the coordinate
division Bench of this Court finding no merit and since no further
challenge was made to the judgment and decree dated
01/08/2025 either by the appellant/complainant/victim or by the
State, the impugned judgment of acquittal dated 29/05/2017
passed by the trial Court has become final.
6. Now, the question which arises for consideration is, whether this
Court can entertain an acquittal appeal again preferred against
the impugned judgment of acquittal dated 29/05/2017 at the
instance of the complainant/victim ?
7. Admittedly and undisputedly, the Division Bench of this Court has
passed a reasoned and speaking order in ACQA/35/2018
preferred by the State and thereby, affirmed the impugned
judgment of acquittal dated 29/05/2017 passed by the trial Court
and since no challenge has been made to the judgment dated
01/08/2025 passed by the Division Bench of this Court either by
the State or by the appellant/complainant/victim, therefore, the
impugned judgment of acquittal dated 29/05/2017 has attained
finality. In that view of the matter, entertaining another appeal on
the same set of facts and circumstances against the judgment of
acquittal which has already been affirmed by the coordinate bench
of this Court, would not be legally permissible and it would invite
contradictory findings. Once the judgment of acquittal has already
been examined and affirmed by a coordinate bench of this Court
in an appeal preferred by the State, the same judgment cannot be

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permitted to be assailed again in the manner sought to be done in
the present appeal. As such, this appeal cannot be entertained by
this Court as the judgment of acquittal under challenge has
already been affirmed by the coordinate bench of this Court in the
acquittal appeal preferred by the State.
8. Accordingly, this acquittal appeal is hereby dismissed leaving the
parties to bear their own cost(s).
Sd/- Sd/-
(Sanjay K. Agrawal) (Sanjay Kumar Jaiswal)
JUDGE JUDGE
Harneet