ACQA/156/2018 of STATE OF CHHATTISGARH Vs KADATI RAJU on 13 July 2026

1. This appeal is directed against the judgment dated 12.04.2017 passed in Sessions Trial No.177/2010 (Crime No.08/2008), whereby, the learned Additional Sessions Judge, Special Court (Naxal), Dantewada, District South Bastar Dantewada (CG), has acquitted the respondent-

Kadati Raju from commission of the offence punishable under Sections 148 and 307/149 of IPC, read with Sections 25(1-B) (a) and 27 (1) of the Arms Act, 1959.

2. The respondent has been charge-sheeted with regard to the offence mentioned herein-above on the allegation that on 11.07.2008, as per the directions issued by the Superintendent of Police, District Bijapur, the Inspector of Police Station, Mirtur, Shri K. L. Nand along with the Assistant Commandant, namely, Kumar Sourabh of Central Reserve Police Force and Assistant of F-Company and his staff members were on patrolling and, were divided in two parts for naxal patrolling and during the course of patrolling, they reached the village Bechapal via village Kondapal and at the time of returning from the village Bechapal and, as soon as they reached near Pitodipara, the respondent and other nexalites formed an unlawful assembly, who were sitting by ambushing, started firing with the intention to kill the said police force, owing to which, the said police officials, who are the members of the said ‘patrolling party’, started firing in their defence and, the respondent and other naxalites, upon seeing the strength of the police force, fled away from the spot.

3. In order to establish the alleged allegations, one tiffin bomb, electric wire of 200 meters and 03 Nos. detonators were seized from the spot, vide Ex.P-2 in presence of two witnesses, namely, Devichand (PW-1) and Tikeshwar Sandilya (PW-6) and, in order to establish the alleged allegations, Devichand (PW-1), Tikeshwar Sandilya (PW-6) and K.L. Nand (PW-8) were examined, but from their testimonies, it appears that none of them have supported the alleged version of the prosecution.

As, according to Devichand (PW-1), it appears that he was unable to state who was there in that naxalite team, nor has seen anyone firing upon them and, likewise, is the statement of Tikeshwar Sandilya (PW-6) and, insofar as the statement of K.L. Nand (PW-8) is concerned, though, it was stated by him that the alleged articles, i.e. the tiffin bomb, electric wire of 200 meters and 03 Nos. detonators were seized, but the attesting witnesses of the alleged seizure memo (Ex.P-2), namely, Devichand (PW-1) and Tikeshwar Sandilya (PW-6) have, however, turned hostile without supporting the alleged seizure in their presence. No reliance, therefore, could be placed upon these witnesses in order to hold that the respondent was involved for the commission of the alleged crime.

4. In view of the above, the trial Court has, therefore, not committed any illegality in acquitting the respondent from the commission of the alleged crime, so as to call for any interference in this appeal. The appeal, being devoid of merit is, accordingly, dismissed.

Sd/- Sd/- (Sanjay S. Agrawal)

(Narendra Kumar Vyas)

Judge Judge sunita