1 2025:CGHC:34750 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 557 of 2019 1 - State Of Chhattisgarh Through The In- Charge, Police Station- Khairagarh, District- Rajnandgaon, Chhattisgarh. ... Appellant. versus 1 - Mahesh Kosre S/o Ratandas Kosre Aged About 28 Years R/o Amlidih, Police Station- Khairagarh, District- Rajnandgaon, Chhattisgarh. (Accused) ... Respondent. For Appellant : Shri Dilman Rati Minj, Govt. Advocate. For Respondent : None, though served. Hon'ble Shri Deepak Kumar Tiwari, J Judgment on Board 22/07/2025 1. This Acquittal Appeal has been preferred against the judgment dated 22.11.2018 passed by the Additional Sessions Judge Khairagarh, District Rajnandgaon, C.G. in ST No.18/2016 whereby, accused/respondent has been acquitted of the charge under Section 306 IPC. 2. Case of prosecution is that on 24.01.2016, at about 5:30 in the evening in village Amlidihkhurd, deceased Jeeti Kosre, wife of respondent committed suicide by pouring kerosene over her body and set herself ablaze. During treatment, she died on 02.02.2016 in Ambedkar hospital, Raipur. On the basis of information given by Constable No.1246 Panja Lal, merg intimation was recorded vide No.11/16 in police station AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.07.22 16:57:30 +0530 2 Khairagarh and cause of death was 52 % deep burn and the deceased was hospitalized on 26.01.2016 and died on 02.02.2016. Crime details form was prepared. Victim was medically examined on 24.01.2016 at CHC Khairagarh wherein, Doctor has opined burn by kerosene and she was referred to Higher Medical centre for treatment. 3. Dr. SK Bagh has conducted the post mortem, however his report is not exhibited, wherein, he opined that cause of death is burn injuries and their complications. Dying declaration of the deceased was recorded wherein, she disclosed that some quarrel took place with the respondent and in a fit of anger, she poured kerosene on herself and her husband immediately took her to the hospital for treatment. Also, she has not made any allegation against the respondent herein. 4. Statement of the witnesses were recorded. After completion of investigation, charge sheet was filed. Learned Judicial Magistrate committed the case to the Sessions Court. During trial, the respondent/accused abjured his guilt and claimed to be tried. 5. Learned trial Court, in its order sheet dated 22.11.2018 recorded that as there are no incriminating circumstances stated by the prosecution witnesses against the respondent, no examination has been done under Section 313 Cr.P.C. 6. Prosecution examined four witnesses and respondent/accused did not adduce any defence evidence. 7. The trial Court, after evaluating the evidence, acquitted the respondent/accused. Hence this Appeal. 3 8. Learned Govt. Advocate appearing for the State/appellant would submit that the trial Court has not appreciated the evidence in its proper perspective. He fairly admits that upon going through the record, in the instant case, there are no incriminating evidence available against the respondent/accused and the said fact has rightly been recorded by the trial Court and even no examination was done under Section 313 Cr.P.C. 9. I have heard learned counsel for the appellant and perused the record with utmost circumspection. 10.In the case at hand, mother of the deceased namely, Pusantin Bai (PW-3) stated that after the death of first wife of respondent, marriage of her daughter namely Jeeti bai was solemnized with the respondent herein. She further stated that on the fateful day of the incident, respondent informed them over telephone about the incident that the deceased poured kerosene over her body and set herself ablaze and he has hospitalized the deceased to provide immediate treatment. Mother of the deceased categorically admits the fact that nature of deceased was very angry by birth and for any cause, if she gets annoyed, then she would cause harm to her body and further also admits the fact that she is mentally weak. Respondent always kept her daughter well and there was no quarrel between her daughter and respondent. Similar is the statement of father of the deceased namely Ganpat Kurre (PW-4). Neighbour of the respondent namely Ashwini Kosre (PW-2) stated that on the date of incident, at evening, he was waiting to fence his cattle, when deceased came out of her house in a burning condition. The respondent himself took the deceased for treatment, during the course of which, deceased 4 died. This witness also admits the fact that both husband/respondent and wife/deceased lived happily. 11.Further, grandmother of respondent namely Birajo Bai (PW-1) deposed that at the time of incident, respondent was not present in the house and had gone to market. She further deposed that at the time of incident, her granddaughter in law (Nati Bahu)/deceased was in kitchen. She noticed that deceased was coming from the kitchen in a burning state, so she informed the respondent and thereafter the respondent took the deceased for treatment. 12.Even the dying declaration though not proved by the prosecution but the same is part of the record, in which, the deceased has not made any allegation against the respondent, therefore, this Court is of the opinion that the trial Court has rightly recorded the finding that there is no evidence against the respondent. 13.Resultantly, this Appeal fails and is hereby dismissed. Sd/- (Deepak Kumar Tiwari) Judge Avinash