1 2025:CGHC:41964-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 54 of 2023 Ku. Chandana Mandal, D/o Shri Manoranjan Mandal, aged about 22 years, R/o Shyam Nagar, Agarkhar, Police Station - Darri, District - Korba, Chhattisgarh. (Sister of Deceased/ Complainant) ... Appellant versus 1 - State of Chhattisgarh Through - The Police Station Darri District Korba, Chhattigarh. (Prosecution) 2 - Sujan Mallik S/o Manoj Mallik, aged about 19 years, R/o House No. 429, Atal Awas Lata, Police Station - Darri, District - Korba, Chhattisgarh. (Accused) ... Respondents For Appellant : Ms. Binu Sharma, Advocate For Respondent No.2/State : Ms. Pragya Pandey, 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 20/08/2025 1. This appeal has been preferred by the complainant/sister of the deceased under Section 372 of the Code of Criminal Procedure, 1973 questioning the legality and propriety of the judgment dated 06.02.2023 passed by the 2nd Additional Sessions Judge, Katghora, District – Korba (C.G.) in Sessions Trial No.05/2022, whereby, the Respondent No.2 – Sujan Mallik has been PRAKASH KUMAR Digitally signed by PRAKASH KUMAR Date: 2025.08.20 18:24:11 +0530 2 acquitted with regard to the offence punishable under Section 302 of the Indian Penal Code, 1860. 2. According to the prosecution, an FIR (Ex.P-01) was lodged on 06.12.2021 by the sister of the deceased – Monika Mandal before the Police Station – Darri of District - Korba, alleging inter alia, that on 06.12.2021 at 03:00 PM when she returned home from her duty, a telephonic information was given by the Respondent No.2 – Sujan Mallik that he killed her sister and at that time, a girl informed to her mother that the said Respondent has committed murder of her daughter and upon receiving the said information, they rushed to the spot where they have seen the deceased lying on the floor and blood was oozing from her head. 3. In order to establish the alleged allegations, the complainant/sister of the deceased, was examined as PW-01 and from her statement, it appears that she received the telephonic information from the said Respondent on 06.12.2021 that he has committed murder of her sister – Monika Mandal and deposed further that at that particular time, her mother was informed by one Santoshi Sarthi (PW-07) that the said respondent has murdered her daughter. It appears further from her testimony that upon receiving said information, they rushed to the spot where they have seen the deceased lying on the floor and blood was oozing and they took her to Holy Christ Hospital, where the doctor declared her dead. Her dead body was sent for postmortem which was conducted by Dr. R.K. Divy (PW-09), who vide his postmortem report (Ex.P-5) opined the cause of her death to be coma occurred due to compression of brain as a result of head injuries and accordingly, her death was held to be homicidal in nature. It appears further from the statement of deceased’s sister, namely, Ku. Vandana Mandal (PW-02), her mother - Supala Mandal (PW-03) and father - Manoranjan Mandal (PW-04) that on the said fateful day, the deceased had gone to the 3 Respondent’s brother but the brother of said Respondent was however, was not examined by the prosecution for the reasons best known to it. 4. Be that as it may, one Santoshi Sarthi (PW-07) was the eye witness, according to the prosecution, but she failed to identify either the said Respondent – Sujan Mallik or even the deceased – Monika Mandal, as revealed from her testimony and has thus, turned hostile without supporting the prosecution version and, after taking these materials, the Trial Court has not committed any illegality in acquitting the said Respondent from the commission of the alleged crime. 5. In view of above, we are not inclined to admit this appeal. Accordingly, the appeal being devoid of merit, is dismissed at the admission stage itself. Sd/- Sd/- (Sanjay S. Agrawal) (Radhakishan Agrawal) Judge Judge Prakash