1 2025:CGHC:60695-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 364 of 2018 • State Of Chhattisgarh, Through Police Station Kanker, District Uttar Bastar Kanker (Chhattisgarh). ... Appellant versus • Jitendra Motwani S/o Shri Lekhraj Motwani, Aged About 38 Years, R/o Manjhapara Kanker, Police Station And District Uttar Bastar Kanker (Chhattisgarh). ... Respondent For Appellant/State : Mr. Arpit Agrawal, P.L. For Respondent : Mr. Rakesh Kumar Manikpuri, Advocate appears on behalf of Mr. Sandeep Shrivastava, Advocate. DB: Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Radhakishan Agrawal Judgment On Board Per Sanjay S. Agrawal, J 12/12/2025 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 16/03/2018 passed by the Additional Sessions Judge (FTC), Uttar Bastar, Kanker (C.G.) in CHANDRAKANT DEWANGAN Digitally signed by CHANDRAKANT DEWANGAN Date: 2025.12.12 17:08:54 +0530 2 Sessions Trial No.104/2014, whereby, the respondent- Jitendra Motwani has been acquitted with regard to the offence punishable under Section 304-B of IPC and in alternatively under Section 302 of IPC. 2) Briefly stated, the case of the prosecution is that the marriage of the deceased, namely, Tulsi Motwani, who was employed as a ‘health worker’ in K.D. Hospital, Kanker, was solemnized with the respondent on 26/02/2009 in according with Hindu rites and rituals at village Kanker and, out of their wedlock, 02 children have born. It is alleged by the prosecution that on account of the physical and mental torture given by her husband, the respondent herein, she (Tulsi Motwani) committed suicide by consuming poison on 15/05/2013 and based upon the merg intimation (Ex.P-5), lodged by a “Wardboy” of the K.D. Hospital, Kanker, an inquiry was conducted and based upon which, an FIR (Ex.P-21) was lodged against the respondent for the offence punishable under Section 304-B of IPC on 05/06/2014. An inquest of the dead body was conducted vide Ex.P-7 on 15/05/2013 and the autopsy of her body was conducted by Dr. Mahesh Sharma (PW-11), who opined vide his report (Ex.P- 12) that she died on account of Asphyxia where he has not found any kind of external injuries on her body. It appears further that the ‘Viscera’ of her was sent for chemical examination and according to the FSL report (Ex.P-19), it was revealed that she consumed a chemical substance, known as ‘Pheniramine’ and according to the query report (Ex.P-13), if the alleged substance is taken more than 25 mg per kilo body weight, then it would be fatal, but, no quantity 3 was ascertained that how much ‘Pheniramine’ article was consumed by her and after completion of usual investigation, the charge-sheet was submitted and the respondent has been charge-sheeted as mentioned herein-above. 3) In order to establish the alleged allegation that the deceased was harassed or maltreated by her husband, the maid servants, namely, Ku. Varsha (PW-2) and Ku. Alka Dongre (PW-3), were examined and according to their testimonies, it appears that their relations were cordial in nature and had never quarreled with each other. Brother of the deceased, namely, Dilip Kumar, who was examined as PW-6 and it appears from para 6 of his testimony that his deceased sister had come to the house 10-15 days prior to the occurrence of the alleged incident, but, has not informed him that she was mentally or physically harassed by her husband and, it reveals further from para 9 of his evidence that his sister has never lodged any report during the entire of her life that she was mentally or physically harassed by him, nor any meeting was convened in their society to this effect. It, thus, appears from the testimony of the maid servants of the deceased, as well as, of her brother that the relations of her was cordial in nature with her husband, who even has not lodged any report regarding any kind of physical or mental torture given by him before any of the Police Authorities during entire of her life. 4) It, thus, appears that she was not harassed or maltreated soon before her death, as was alleged by the prosecution, the trial Court, has, therefore, not committed any illegality in acquitting the 4 respondent from the commission of the alleged crime, so as to call for any interference in this appeal. 5) Consequently, the appeal being devoid of merit is dismissed. Sd/- (Sanjay S. Agrawal) Judge Sd/- (Radhakishan Agrawal) Judge Chandrakant