1 2025:CGHC:60186-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 167 of 2021 State of Chhattisgarh Through Police Station - Batoli, Ambikapur, District – Surguja (CG) ... Appellant versus Mahesh Ram S/o Late Rajnath, Aged About 45 Years, Resident of Village - Tiranga, Korkotpara, Police Station - Batoli, Ambikapur, District – Surguja (CG) ---- Respondent For Appellant/State : Ms. Pragya Pandey, Dy. Government Advocate Division Bench Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Radhakishan Agrawal Judgment on Board. 11.12.2025 Per Sanjay S. Agrawal, J. 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 07.09.2019 passed by the 2nd Additional Judge, Ambikapur, District Surguja (CG) in Sessions Trial SUNITA GOSWAMI Digitally signed by SUNITA GOSWAMI Date: 2025.12.11 17:54:44 +0530 2 No.05/2018, whereby, the respondent- Mahesh Ram has been acquitted with regard to the offence punishable under Section 302 of IPC. 2. According to the prosecution, a merg intimation (Ex.P-3) was lodged by the son of the deceased, namely, Ashish Kumar (PW-2) before the Police Station, Batoli, District Surguja, stating therein, that he was informed by his uncle, namely, Sunil that his mother- Muskala Devi was murdered by his father, while assaulting with the aid of spade on her head and, after receiving the said information, he went to home and has seen that his mother was lying unconscious and injuries were found on her head, face, jaws and left hand and thereafter, he took her to the Hospital at Shantipara, Batoli, from where, she was referred to the Hospital at Ambikapur, but on the way, she passed away. Based upon the alleged information, an FIR (Ex.P-4) was registered against his father, the respondent herein, under Section 302 of IPC for the commission of murder of his wife- Muskala Devi. The respondent has, thus, been charge-sheeted with regard to the offence mentioned herein-above. 3. Although, the alleged allegation was made by the prosecution, as such, but from perusal of the statement of the deceased’s son, namely, Ashish Kumar (PW-2), it appears that he has not received any information as such from his uncle- Sunil, as was stated by him in his merg intimation (Ex.P-3), nor the uncle of him, who was examined as PW-14, has stated so. Other prosecution witnesses have turned hostile without supporting the alleged allegation of the prosecution. It is to be seen further that on account of the alleged incident, the weapon 3 “spade”, alleged to have been used for the commission of the alleged offence, was recovered from the respondent along with his lungi vide Ex. P-9, based upon his disclosure statement (Ex.P-8) and the articles, so recovered from him were sent for chemical examination along with the bloodstained soil recovered from the spot vide Ex.P-7, as well as, the saree and the petticoat of the deceased, where human blood was found as per the FSL report (Ex.P-24) and blood group “A” was detected from the alleged ‘spade’ and lungi, but the same has, however, not been ascertained that it belongs to the origin of the blood group of the deceased. Besides, the attesting witnesses, namely, Ghoran Ram (PW-7) and Mahadev Ram (PW-8), in whose presence, the alleged weapon and lungi were seized, have, however, not supported the same. No cogent and reliable evidence, has, thus, been led by the prosecution, so as to hold that the respondent was involved for the commission of the murder of his wife- Muskala Devi. 4. The appeal, being devoid of merit, is accordingly, dismissed at the admission stage itself. Sd/- Sd/- (Sanjay S. Agrawal) (Radhakishan Agrawal) Judge Judge sunita