Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:53287-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 264 of 2019 • State Of Chhattisgarh, Through Police Station Chhuriya, District- Rajnandgaon (C.G.). ... Appellant versus
1. Gaind Singh Rana S/o Budhram Singh Rana ,Aged About 30 Years,
2. Ashok Singh Rana S/o Budhram Singh Rana, Aged About 33 Years,
3. Baldau @ Balram S/o Mehattar Singh Rana, Aged About 40 Years,
4. Gayatri Bai W/o Ashok Sing Rana, Aged About 24 Years, All Are R/o Village- Shikari Mahka, Police Station- Chhuriya, Tahsil- Chhuriya, District Rajnandgaon (C.G.). ... Respondents For Appellant/State : Mr. Atanu Ghosh, Dy. Govt. Advocate. DB: 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 appellant/State under Section 378 of the Code of Criminal Procedure, 1973, questioning the legality and propriety of the judgment dated 16/07/2017 passed by CHANDRAKANT DEWANGAN Digitally signed by CHANDRAKANT DEWANGAN Date: 2025.10.31 17:52:32 +0530
2 the Sessions Judge, Rajnandgaon (C.G.) in Sessions Trial No.13/2017, whereby, the respondents have been acquitted with regard to the offence punishable under Sections 498-A and 304-B of IPC. 2) From perusal of the record, it appears that the marriage of the deceased, namely, Radha Rajput was solemnized with respondent No.1- Gaind Singh Rana on 17/02/2016, who died on 03/10/2016. It appears that on account of her death, a merg intimation (Ex.P-1) was lodged by father of the deceased, namely, Santosh Singh (PW- 1), wherein, he has raised a doubt that she was murdered by her in-laws, while pressing her neck, as he has found certain injuries on her neck. It appears further that after holding an inquiry upon it, an FIR (Ex.P-46) was registered against the respondents for the offence mentioned herein-above, on the allegation that she was maltreated and harassed by the respondents on trivial issues and also because of demand of money from her, while alleging further that she was assaulted by her husband/respondent No.1- Gaind Singh Rana. 3) In order to establish the alleged allegation, the father of the deceased, namely, Santosh Singh was examined as PW-1 and a bare perusal of para 13 of his statement, would show that the respondents have never demanded any dowry from his deceased daughter and, similar is the statement of her mother, namely, Smt. Sanno Devi (PW-4).
It, thus, appears that although, it was alleged that the deceased was harassed and maltreated by the respondents on account of demand of money, but no allegation, as such was,
3 however, revealed from their testimonies. Moreover, a suicidal note was recovered during the merg inquiry by P.S. Sen (PW-16), the Sub-Inspector, which was marked as Article-’A’ and perusal of it would show that she was not harassed or maltreated by the respondents, as alleged by the prosecution. 4) In view of such circumstances and, particularly in absence of any cogent and reliable evidence led by the prosecution, attributing the respondents for the commission of the alleged crime, we are, therefore, not find any substance in this appeal. 5) The appeal, being devoid of merit, is accordingly, dismissed at the admission stage itself. -Sd/- (Sanjay S. Agrawal) Judge -Sd/- (Radhakishan Agrawal) Judge Chandrakant