1 2025:CGHC:53217-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 82 of 2016 State Of Chhattisgarh Through The Station House Officer, Police Station Balrampur, District Balrampur-Ramanujganj, Chhattisgarh, Civil District- Surguja (Ambikapur) Chhattisgarh. ... Appellant versus 1 – Heeralal, S/o Tarachand, Aged About 25 Years, R/o Village Daldhowa, Police Station Balrampur, District Balrampur-Ramanujganj, Chhattisgarh. 2 – Tarachand, S/o Ramnaresh Yadav Aged About 44 Years, R/o Village Daldhowa, Police Station Balrampur, District Balrampur-Ramanujganj Chhattisgarh. 3 - Savitri Devi, W/o Tarachand Yadav, Aged About 40 Years R/o Village Daldhowa, Police Station Balrampur, District Balrampur-Ramanujganj Chhattisgarh. ... Respondents For State/Appellant : Mr. Ruhul Ameen, Panel Lawyer For Respondents : Mr. Pankaj Kamlesh, Advocate appears on behalf of Mr. A.K. Yadav, Advocate D.B:-Hon’ble Shri Justice Sanjay S. Agrawal & Hon’ble Shri Justice Radhakishan Agrawal Judgment on Board Per Sanjay S. Agrawal, J. 31/10/2025 1. This appeal has been preferred by the State/appellant under PRASHANT DEWANGAN Digitally signed by PRASHANT DEWANGAN Date: 2025.11.01 11:51:01 +0530 2 Section 378 of the Code of Criminal Procedure, 1973, questioning the legality and propriety of the judgment dated 15/09/2015, passed by Additional Judge to the Court of Additional Sessions Judge Ramanujganj, District- Surguja (Ambikapur) (C.G.) in Sessions Trial No.246/2013, whereby, the respondents have been acquitted with regard to the offence punishable under Section 304-B/34 of IPC and in alternatively, under Section 302/34 of IPC. 2. The respondents have been charge-sheeted with regard to the offence mentioned hereinabove for the commission of murder of one Babita Yadav, whose marriage was solemnized with the respondent No.1- Heeralal on 24/04/2012, as she died under the suspicious circumstances on 07/02/2013. According to the prosecution, her husband and, the respondents No.2 and 3, who are father-in-law and mother-in-law of the deceased, respectively, have harassed and maltreated her because of demand of dowry, owing to which, she died on 07/02/2013. 3. From perusal of the record, it appears that a merg intimation (Ex.P/5) was lodged by the father of the deceased, namely, Chandradev Yadav (PW-5) on 08/02/2013 before the Police Station- Balrampur, District Balrampur-Ramanujganj, stating therein that, on the date of the incident around 05:00 P.M., he received the information from one Pacchhu Yadav, the uncle of his son-in-law that, his daughter has become unconscious and, thereafter came to know that she died on the way when she was being shifted to the Balrampur-hospital. Apart from the alleged report (Ex.P/5), a written report (Ex.P/1/undated), appears to have been lodged by him, wherein, it was 3 alleged that, he has seen the pressure mark on left side of her neck and also a kind of injury on her backside and, it was alleged further by him that because of the demand of dowry, she was being harassed and maltreated by her in-laws and on account of which, his daughter has died on the said fateful day. 4. In order to establish the alleged allegation, the father of the deceased was examined as PW-5 and, according to him, he has seen certain injuries on her neck and also a blood clot on backside of her body. Further of his testimony would reveal the fact that, when his daughter came to his house, on 2-3 occasions, it was informed that the behavior of the respondents is unnatural and they are harassing her on account of demand of four wheeler, who informed further that, his son- in-law has illicit relation with someone else and because of which, she was being harassed and maltreated by the respondents. 5. According to the Mother (PW-6) of the deceased, her daughter came to them, 2-4 months after the solemnization of her marriage and, was crying and, upon enquiry, it was informed that, she was harassed and maltreated by her husband, father-in-law and mother-in-law, on account of demand of four wheeler. 6. Although, it was alleged as such by them, but a bare perusal of the merg intimation (Ex.P/5) and, the alleged written report (Ex.P/1), lodged by the father of the deceased, no allegation as such, was, however, made that, because of demand of four wheeler, she was harassed and maltreated by them. It is to be seen further that the father of the deceased has stated in his evidence that, he has seen certain injuries on her neck, as well as, the blood clot on the backside 4 of her body, but a bare perusal of the inquest, marked as Ex.P/3, would, however, show that only a mild abrasion was depicted from her neck and no injury was, however, seen on backside of her body. 7. That apart, as revealed from the postmortem report (Ex.P/10) conducted jointly by Dr. Sharad Kumar Gupta (PW-9) and Dr. R.S. Markam (PW-13) and, inquest (Ex.P/3) that, prior to the death of the deceased, she was admitted into the hospital at Balrampur, as she was suffering from fever and was vomiting, but was discharged and, it appears further that on the next day, i.e. on 07/02/2013, she was again shifted to the hospital, but was declared brought dead. It is to be seen further that the doctors, who have conducted the autopsy of the dead body of the deceased were unable to give any definite opinion regarding the cause of her death. Pertinently, to be noted here further that, Dr. R.S. Markam (PW-13), who conducted the autopsy of the dead body of the deceased has stated very specifically at para 16 of his cross-examination, that he has not found any kind of pressure mark on her neck, which could be held to be sufficient for her death. 8. Considering the aforesaid facts and circumstances of the case and, in absence of the allegation regarding demand of four wheeler, at the time of lodging the merg intimation (Ex.P/5), as well as, the alleged written report (Ex.P/1), it is difficult to hold that the deceased was harassed and maltreated by the respondents on account of demand of four wheeler and/or, was murdered by them on 07/02/2013 and, the trial Court, while taking note of those materials, has not erred in acquitting them from the commission of the alleged crime. 9. The appeal, being devoid of merit is, accordingly, dismissed at 5 the admission stage itself. Sd/- Sd/- (Sanjay S. Agrawal) (Radhakishan Agrawal) JUDGE JUDGE Prashant