1 2025:CGHC:29053 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 242 of 2023 Smt. Rajni Ukkey W/o Shri Phool Singh Ukkey Aged About 62 Years R/o Ward No. 21, Railway Colony, Dallirajhara, Police Station- Rajhara (Victim), District : Balod, Chhattisgarh ... Appellant versus 1 - State Of Chhattisgarh Through Officer In Charge, Police Station Rajhara, District : Balod, Chhattisgarh 2 - Smt. Kalpana Khairwar @ Reshma W/o Anil Khairwar Aged About 29 Years R/o Ward No. 21, Shashtri Chowk, Railway Dafai, Dallirajhara, Police Station Rajhara (Accused), District : Balod, Chhattisgarh ... Respondent For Appellant : Shri Vivek Kumar Agrawal, Advocate For Respondent No.1/State : Shri Ruhul Ameen, Panel Lawyer Single Bench : Hon'ble Shri Justice Sanjay S. Agrawal Judgment On Board 30.06.2025 1. This appeal has been preferred by the deceased’s mother under proviso to Section 372 of the Code of Criminal Procedure, 1973, questioning the legality and propriety of the judgment dated 01.03.2023 passed by the Additional Sessions Judge, Balod, District Balod (CG) in SUNITA GOSWAMI Digitally signed by SUNITA GOSWAMI Date: 2025.06.30 18:30:09 +0530 2 Sessions Trial No. 15/2020, whereby, the respondent No.2-Smt. Kalpana Khairwar @ Reshma has been acquitted with regard to the offence punishable under Sections 342, 306 and 201 of IPC. 2. Briefly stated the case of the prosecution is that on 31.01.2019, a Merg intimation (Ex.P-3) was lodged by the deceased’s father, namely, Phoolsingh before the Police Station, Rajhara, District Balod, stating therein, that his son- Manish had gone somewhere else in the morning at 9.00 am, but did not return and after sometime, i.e. at 11.00 am, the respondent came and informed him that his son has hanged himself in her house and upon knowing the said fact, he reached to her house, where he has seen his son was hanging with the aid of Gamchha (chunri) and, based upon its inquiry, an FIR (Ex.P-4) was registered on 16.08.2019 against the respondent for the offence punishable under Sections 342, 201 and 306 of IPC in connection with Crime No.218/2019. During the course of investigation, inquest of the dead body was conducted vide Ex.P-2 and was sent for autopsy which was conducted by Dr. Jaykumar Chunarkar (PW-7) and who vide his report (Ex.P-6), opined the cause of death to be asphyxia, which occurred on account of hanging and after completing the due investigation, the charge-sheet was submitted before the Judicial Magistrate First Class, Dallirajhara and the matter was thereafter committed to the concerned trial Court, where based upon the materials, charge-sheet was framed against the respondent with regard to the alleged offence, which was denied by her and claimed to be tried. 3 3. In order to bring home the guilt of the respondent, the prosecution has examined as many as 10 witnesses and exhibited certain documents, while none was examined by the respondent in her defence. 4. The trial Court, after considering the evidence led by the prosecution, held that the prosecution has failed to establish the fact that the respondent is involved in connection with the alleged crime and, accordingly, she has been acquitted from the commission of the alleged crime and, being aggrieved, the mother of the deceased has preferred this appeal. 5. Learned counsel appearing for the appellant submits that the finding recorded by the trial Court holding that the respondent is not involved in connection with the alleged crime, is apparently contrary to the materials available on record, inasmuch as, the evidence of the parents’, brother and sister-in-law of the deceased has not been scanned in its proper manner and thereby, erred in acquitting her as such. 6. I have heard learned counsel appearing for the appellant and perused the entire record carefully. 7. The respondent is charge-sheeted with regard to the offence punishable under Sections 342, 201 and 306 of IPC with regard to the incident occurred on 31.01.2019 in the house of the respondent. It is alleged by the prosecution that on the said fateful day, the deceased was found to be hanged himself in the house of the respondent and as there was illicit relations between them, therefore, the deceased was 4 provoked by her to commit suicide. In order to establish the alleged allegations, the mother of the deceased, who was examined as PW-1 has stated that when she reached the house of the respondent, she has seen that it was locked from outside and the respondent- Reshma was out of her house and, it reveals further from her testimony that she came to know later on, that her deceased-son and the respondent were living like husband and wife. 8. Phoolsingh(PW-2) is the father of deceased and according to him, he received the information from the respondent that his son has hanged himself in her house and deposed further that when the respondent was enquired by the Police authorities, it was informed by her that she has thrown the mobile of his son while breaking it and, therefore, he had a doubt that the respondent might be behind the alleged suicidal act of his son. 9. Minakshi Uike (PW-3) is the sister-in-law (Bhabhi) of the deceased and stated that when the respondent was enquired, it was informed by her that she has thrown the mobile of the deceased while breaking it. 10. Mahesh Uike (PW-4) is the brother of the deceased and he came to know that his brother has hanged himself and it was stated that when he checked the Almirah of his brother, certain obscene photographs of him with the respondent were found and, therefore, he has some doubt regarding the relation of him with the respondent. The statements of others’ are formal in nature. 11. From perusal of the aforesaid evidence led by the prosecution, it 5 appears that when the deceased was found to be hanged himself in the house of the respondent, it was locked from outside and the respondent was not at her home. Insofar as the statements of the relatives of the deceased that the respondent has thrown the mobile of the deceased after breaking it, is concerned, no seizure as such was, however, made in this regard and that apart, none of the witnesses have stated anywhere that how the deceased was instigated by the respondent for taking such an extreme step for committing suicide by hanging himself. In view of such circumstances, the trial Court has, therefore, not committed any illegality in acquitting the respondent from commission of the alleged crime, so as to call for any interference in this appeal. 12. The appeal being devoid of merit is, accordingly, dismissed at the admission stage itself. SD/- Sd/- (Sanjay S. Agrawal) JUDGE sunita