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2025 DAILYLAW 39076 (CHH)

SANDEEP SAHU v. STATE OF CHHATTISGARH

CRR/983/2025 · 2025-08-07

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:39746 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 983 of 2025 • Sandeep Sahu, S/o Late Devendra Kumar Sahu, Aged About 27 Years, R/o Village Argaon, Ward No.6, Police Chowki Tumdibod, Police Station Lalbagh, District Rajnandgaon, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh, Through Police Chowki Tumdibod, District Rajnandgaon, Chhattisgarh. ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Anmol Sharma, Advocate. For State/Respondent : Ms. Sunita Manikpuri, Deputy G.A. Hon’ble Shri Justice Sanjay Kumar Jaiswal Order on Board 08/08/2025 1. Heard on admission. 2. The present criminal revision has been filed by the applicant being aggrieved by the order dated 23.06.2025 passed by the learned Upper Session Judge (F.T.C.), Rajnandgaon, District Rajnandgaon (C.G.) in Session Case No.49/2025, whereby the learned Trial Court has framed charges against the applicant under Section 304-B alternatively under Section 306 and Section 498-A of IPC. The applicant is also seeking quashment of the charge sheet filed against him. 3. The case of prosecution in brief is that on 14.04.2025 at 08:30 p.m., applicant 2 was lying on sofa in his house at the very point of time wife (deceased) of the applicant came out burning from the kitchen, upon seeing applicant panicked and immediately called Dhuliya Bai Sahu and Yogesh Sahu, who came to the spot and extinguished the fire with the help of water and bed sheet. Thereafter, applicant taken his wife to the Krishna Hospital, Rajnandgaon from there she was referred to Kalda Burn Hospital, Raipur, where she was declared dead during the course of treatment. During investigation statement of witnesses have been recorded, who stated that after marriage applicant used to torture deceased, mentally and physically for demand of dowry. Being fed up of the continuous harassment done by the present applicant she committed suicide by setting herself ablaze. On the basis of primary investigation, an FIR was lodged against the appellant and after investigation, charge sheet for the offence under Section 304-B of IPC was filed before the Magistrate concerned and vide order dated 23.06.2025, the learned Trial Court has framed charges under Sections 304-B, alternatively under Section 306 & 498-A of IPC, against which the present revision has been filed. 4. Learned counsel for the applicant submits that the applicant is innocent and has wrongly been implicated in the crime in question. The marriage of the applicant and the deceased was solemnized in the year 2018 and since then they were living happily and out of their wedlock a child namely Rishabh was also born in the year 2019 but he was disabled due to which the deceased was bothered and the offence was registered against the applicant after 3 months of the incident, as such a false case was registered against the applicant and charge sheet has been filed. The learned Trial Court has also not considered the same and has proceeded ahead by framing charges against the applicant for the aforesaid offence. Therefore, the revision deserves to be allowed. 3 5. Learned State counsel submits that the applicant has committed serious offence by setting her wife ablaze and after investigation, the charge sheet has been filed against the applicant and the charges have already been framed against the accused persons, as such at this stage the prayer of the applicant for quashment of the aforesaid charges cannot be entertained, as the allegation against the applicant is subject to trial. 6. Heard learned counsel for the parties and perused the record carefully. 7. In the instant case, the allegation against the applicant is that the applicant has set her wife/deceased on fire, as a result of which she sustained severe injuries and thereafter died. During investigation, the statements of the family members of the deceased were taken and they have stated that the applicant used to harass the deceased for demand of dowry, as a result of which she committed suicide by setting her ablaze, as such it cannot be said that no cognizable offence is made out against the applicant and the same is subject to trial. 8. Thus, considering the facts and circumstances of the case, particularly the fact that there is no illegality or infirmity found in order of framing of charge by the Trial Court and as such the allegation against the applicant is subject to trial. Therefore, I am not inclined to entertain this revision at this stage. 9. Consequently, the criminal revision is dismissed at the admission stage itself. Sd/- (Sanjay Kumar Jaiswal) Judge DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA