1 2025:CGHC:60904-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 375 of 2025 Smt. Yashoda Lahre W/o Late Shri Lakhanlal Lahre, Aged About 50 Years, R/o Ward No.-3, Gharghoda, Post - Gharghoda, Distt.- Raigarh C.G. ...Appellant versus 1 - State Of Chhattisgarh, Through District Magistrate Janjgir-Champa, Distt.- Janjgir Champa C.G. 2 - Ashish Lahre S/o Shri Dhananjay Lahre, Aged About 24 Years R/o Village- Pauna, P.S. Mulmula, Distt.- Janjgir-Champa C.G. 3 - Aseem Lahre S/o Shri Dhananjay Lahre, Aged About 22 Years R/o Village- Pauna, P.S. Mulmula, Distt.- Janjgir-Champa C.G. 4 - Dhananjay Lahre S/o Late Shri Ramprasad Lahre, Aged About 45 Years R/o Village- Pauna, P.S. Mulmula, Distt.- Janjgir-Champa C.G. 5 - Smt. Purnima Lahre W/o Shri Dhananjay Lahre, Aged About 40 Years R/o Village- Pauna, P.S. Mulmula, Distt.- Janjgir-Champa C.G. 6 - Smt. Shanti Lahre W/o Late Shri Ram Prasad Lahre, Aged About 61 Years R/o Village- Pauna, P.S. Mulmula, Distt.- Janjgir-Champa C.G. 7 - Smt. Sunita Lahre D/o Shri Bisahu Lahre, Aged About 40 Years R/o Village- Pauna, P.S. Mulmula, Distt.- Janjgir-Champa C.G. 8 - Smt. Phulkumari @ Phulwa Nirala W/o Shri Yadram Nirala, Aged About 43 Years R/o Gharghoda, Thana Gharghoda, Distt.- Raigarh C.G. ... Respondents For Appellant : Mr. Rajendra Patel, Advocate For State/Respondent No.1 : Mr. Atanu Ghosh, Dy. G.A. PRASHANT DEWANGAN Digitally signed by PRASHANT DEWANGAN Date: 2025.12.16 10:45:52 +0530 2 D.B:-Hon’ble Shri Justice Sanjay S. Agrawal & Hon’ble Shri Justice Radhakishan Agrawal Judgment on Board Per Sanjay S. Agrawal, J. 15/12/2025 1. This appeal has been preferred by the mother of the deceased- Poonam Lahre under Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023, questioning the legality and propriety of the judgment dated 14/08/2025, passed by the First Additional Sessions Judge, Janjgir, District- Janjgir-Champa (C.G.) in Sessions Trial No.56/2023, whereby, the respondents No.2 to 8 have been acquitted with regard to the offence punishable under Sections 498-A/34 and 304-B/34 of IPC and, in alternatively, under Section 306/34 and 302/34 of IPC. 2. From perusal of the record, it appears that, the marriage of the deceased, namely, Smt. Poonam Lahre, a Lab Technician, was solemnized with the Respondent No.-2, namely, Ashish Lahre sometimes in the month of April, 2022, and out of their wedlock, a son, namely, Arpit, a 19 days old, was born. It appears that, her job was left and she has hanged herself on 23/02/2023 and, on account of her sad demise, a merg intimation (Ex.P/19) was lodged by her brother-in-law, namely, Aseem Lahre, the respondent No.3, herein, before the Police Station- Mulmula, District- Janjgir-Champa, stating therein that, she has committed suicide while hanging herself and, based upon the alleged intimation, an enquiry was conducted, where, it was revealed that, she was harassed and maltreated by her husband-Ashish Lahre and also by her in-laws’ and, accordingly, 3 they have been charge-sheeted for the offence mentioned herein- above. 3. In order to establish the alleged allegation, the mother of the deceased, namely, Yashoda Lahre was examined as PW-2 and, it was stated by her that, after sometime of the marriage of her daughter, she was harassed and maltreated by her in-laws’ on account of demand of vehicle and money. It appears further from her testimony, as revealed from para 8, that her son-in-law was not residing with Phulkumari @ Phulwa Nirala, respondent No.8 and, in fact, she (Phulwa) was residing in her house on rent and, it appears further from her testimony that, since her daughter has married with the respondent No.2- Ashish Lahre on her own wish, therefore, they have not attended her marriage. Further of her testimony would reveal the fact that she was even not aware the name of the father of respondent No.7- Sunita, nor even at the time of recording of her statement before the police authority, she has stated her name, nor has stated anything against her, nor was even aware about her. She has, even, not stated that when and at what time, her daughter was harassed and maltreated by her in-laws’ on account of the demand of dowry. 4. Deceased’s brother, namely, Dipak Lahre, who was examined as PW-3, has stated that, since she has come with inadequate dowry, therefore, she was harassed and maltreated by her in-laws. Further of his testimony would reveal the fact that, she was little bit disturbed when her job was left and, it reveals further from his 4 testimony that, the respondent No.2- Ashish Lahre, the husband of his sister has never demanded anything from him on phone, nor has written any letter to him in this regard. It appears further from para 18 of his cross-examination that, when a question was put to him as to whether his sister was mentally disturbed and her treatment was going on in a hospital at Sendri, it was, however, denied by him specifically, though, she had gone for the treatment in the said hospital as evidenced by the statement of her husband, namely, Ashish Lahre (D.W.-1), who produced and exhibited the prescriptions (Ex.D/1) regarding her treatment of the said hospital. Even the messages made by deceased to him would also not reveal the fact that any kind of demand was ever made by them. His statement is, therefore, not a reliable one. Insofar as deceased’s maternal uncle (mausa), namely, Bhanu Lal (PW-4) is concerned, it appears that, he is a hearsay witness and stated whatever information he received from his sister-in-law, namely, Yashoda Lahre (PW-2), the mother of the deceased and rather it appears from his testimony that, she was living happily with her husband till one year after the solemnization of her marriage. 5. No cogent and reliable evidence has, thus, been led by the prosecution on record, that the respondents No.2 to 8, who are husband, mother-in-law, father-in-law, brother-in-law, maternal-in- laws’ and grand maternal-in-law have ever harassed or maltreated the deceased on account of demand of dowry, as alleged by the prosecution and, the trial Court, after taking note of those materials, has, therefore, not committed any illegality in acquitting them from 5 the commission of the alleged crime. 6. In view of the above, the appeal being devoid of merit, is dismissed at the admission stage itself. Sd/- Sd/- (Sanjay S. Agrawal) (Radhakishan Agrawal) JUDGE JUDGE Prashant