1 2025:CGHC:31198-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 91 of 2012 • State Of Chhattisgarh, Through – The District Magistrate, District Korba (C.G.). ... Appellant versus 1. Narendra Kumar Kurre S/o Shyamlal Kurre, Caste- Satnami, Aged About 24 Years, R/o Dhamnagudi, Chouki Urga, Presently R/o Balco Nagar Korba. 2. Virendra Kumar S/o Shyamlal Kurre, Aged About 21 Years, R/o Balco Nagar, 3. Itwari Bai W/o Shyamlal Kurre, Aged About 46 Years, All Are R/o Balco Nagar, Korba, Sector 5, Qrt. No.187, P.S. Balco Nagar, District Korba (C.G.). ... Respondent(s) For Appellant/State : Mr. Atanu Ghosh, Dy. Govt. Advocate. For Respondent(s) : Mr. Rahul Mishra, Advocate. DB: Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Radhakishan Agrawal Judgment On Board Per Sanjay S. Agrawal, J 08/07/2025 1) This appeal has been preferred by the appellant/State under Section 378 of the Code of Criminal Procedure, 1973, questioning the CHANDRAKANT DEWANGAN Digitally signed by CHANDRAKANT DEWANGAN Date: 2025.07.09 10:40:19 +0530 2 legality and propriety of the judgment dated 23/02/2011, passed by the learned Second Additional Sessions Judge (F.T.C.), Korba, District Korba (C.G.) in Sessions Trial No.108/2006, whereby, the respondents have been acquitted with regard to the offence punishable under Section 304-B of IPC. 2) Briefly stated, the case of the prosecution is, that the marriage of the deceased, namely, Savita Kurre was solemnized with respondent No.1- Narendra Kumar Kurre on 05/03/2003 in accordance with their customary law and after the solemnization of her marriage, she was harassed and maltreated because of her husband was raising a doubt upon her character and also for the demand of money. It is alleged further that after two years of her marriage, she delivered a dead child and thereafter she was harassed and subjected to cruelty on account of demand of money and also because her husband suspected about her character. The entire fact was narrated by her to her parents and did not want to go back to her in-laws house, but, her parents advised her that everything will be alright after sometime, owing to which, she again started living with her in-laws. It is alleged further that because of the alleged demand of money and because of raising a doubt upon her character, she ultimately committed suicide by hanging herself. A merg intimation (Ex.P-2) regarding her death was made by her brother-in-law, namely, Virendra Kumar, the respondent No.2 herein, and after the merg enquiry, an FIR (Ex.P-10) was registered against the respondents for the offence punishable under Section 304-B of IPC in connection with Crime No.474/2006. Inquest of the dead body of the deceased 3 was conducted vide Ex.P-6 in presence of the mother, father and the brother of the deceased and was sent for autopsy which was conducted by Dr. S. Shrivastava (PW-1) and Dr. R.K. Divya (PW-10) and according to the report (Ex.P-1), it was opined by them the cause of death of the deceased to be asphyxia occurred as a result of antemortem hanging and accordingly, the same was opined to be suicidal in nature. After completing the usual investigation, a charge- sheet was submitted before the Judicial Magistrate First Class, Korba against the respondents with regard to the offence punishable under Section 304-B read with Section 34 of IPC and the matter was, thereafter, committed to the concerned trial Court, who in turn, has framed the charge against the respondents with regard to the offence punishable under Section 304-B IPC and, the charge so framed was denied by them and claimed to be tried. 3) In order to bring home the guilt of the respondents, the prosecution has examined as many as 12 witnesses and exhibited 15 documents, while 3 witnesses were examined by the respondents and have exhibited as many as 4 documents in their defence. 4) The Trial Court, after considering the evidence led by the prosecution, arrived at a conclusion that the prosecution has failed to establish the fact that the deceased was maltreated and harassed because of the alleged demand of dowry, based on which, the deceased-Smt. Savita Kurre has committed suicide, the respondents have, thus, been acquitted from the commission of the alleged crime and, being aggrieved, the instant appeal has been preferred. 4 5) Learned Counsel appearing for the appellant/State submits that the findings recorded by the trial Court holding that the respondents are not involved in connection with the alleged crime, is apparently contrary to the materials available on record, inasmuch as, the evidence led by the parents of the deceased as well as her brothers’ statement, was not scanned in its proper manner and thereby, erred in acquitting them, as such. 6) On the other hand, learned counsel appearing for the respondents has supported the impugned judgment of acquittal, as passed by the trial Court. 7) We have heard learned counsel appearing for the parties and perused the entire record carefully 8) From perusal of the record, it appears that the respondents have been charge-sheeted with regard to the offence punishable under Section 304-B of IPC with regard to the incident occurred on 26/04/2006 when the deceased, the wife of respondent No.1, has committed suicide by hanging herself. According to the prosecution, the deceased was harassed and maltreated because her husband had raised a doubt upon her character and also on account of demand of money. 9) In order to establish the alleged allegation, the mother of the prosecutrix, namely, Shanti Bai was examined as PW-5 and, according to her, she (her daughter) was harassed and maltreated on account of demand of motorcycle and cash amount of Rs.1,00,000/-. It, however, reveals from her testimony, particularly, 5 paragraph 8 that since her daughter has delivered a girl child, therefore, she was being harassed and tortured by her in-laws as they were not happy. It is to be seen further that although, it was alleged by her (PW-5) that her daughter was harassed and maltreated because of demand of motorcycle and cash amount of Rs.1,00,000/-, but, when her statement (Ex.D-2) was recorded under Section 161 Cr.P.C. on 23/06/2006, she, however, has not stated anywhere regarding the demand of motorcycle, nor has made any allegation for demand of cash amount of Rs.1,00,000/-. 10) Father of the deceased, namely, Ratan Singh Miri was examined as PW-6 and it appears from his testimony that his daughter was harassed on account of demand of cash amount of Rs.1,00,000/-. He, however, has not stated anywhere that they were demanding motorcycle, as was alleged by his wife (PW-5), nor the alleged fact was reflected from his statement (Ex.D-3) where he has alleged regarding the demand of Rs.1,00,000/- by her brother-in-law, namely, Virendra Kumar only, however, no allegation as such was made against his son-in-law and in-laws of his deceased daughter. 11) Kamlesh Miri (PW-7), the brother of the deceased deposed that when he had gone to his sister’s in-laws’ house, where they have threatened to kill his sister, if he has not come with cash amount of Rs.1,00,000/-. He has, however, not stated anywhere that she was harassed and maltreated because of demand of motorcycle, as was alleged by his mother (PW-5), nor the alleged fact was revealed from his statement (Ex.D-4) recorded under Section 161 of Cr.P.C. 6 12) Somnath Miri (PW-9) was the elder brother of the deceased and according to him, he was informed by his deceased sister that her in-laws are demanding cash amount of Rs.1,00,000/- and was harassed and maltreated because of the alleged demand whenever she used to visit the parental house. He has, however, not stated that her in-laws have demanded a motorcycle, as was alleged by his mother (PW-5), nor the alleged fact was revealed from his statement (Ex.D-1) recorded under section 161 of Cr.P.C. 13) In view of the aforesaid evidence, led by the deceased’s relatives, it is evident that although, it was alleged by them that the deceased was harassed and maltreated on account of demand of motorcycle and cash amount of Rs.1,00,000/-, but, the alleged fact was, however, not found to be reflected from their statements recorded under Section 161 of Cr.P.C. and that apart, there are lot of disparities in their evidence with regard to the alleged demand, as observed herein-above. 14) It is to be seen further that when the inquest (Ex.P-6) of the dead body was carried out by Kedar Singh (PW-11), the Assistant Sub- Inspector, the mother, father and brother of the deceased, namely, Somnath Miri, alongwith others’, were present, and they informed him that the deceased had hanged herself, but, were not aware that why she has hanged herself. It, thus, appears that when the inquest of the dead body was carried out, none of her relatives have alleged regarding the alleged demand of dowry, so as to hold that the deceased has committed suicide by hanging herself on account of the alleged demand of motorcycle and the cash amount of 7 Rs.1,00,000/-. In view thereof, the trial Court, after considering the evidence led by the prosecution, has not committed any illegality in acquitting them from the commission of the alleged crime, so as to call for any interference in this appeal. 15) The appeal, being devoid of merit, is accordingly, dismissed. -Sd/- (Sanjay S. Agrawal) Judge -Sd/- (Radhakishan Agrawal) Judge Chandrakant