1 2026:CGHC:7400 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No.358 of 2023 State Of Chhattisgarh Through Police Station Ramanuj Nagar, District Surajpur (C.G.) ... Appellant versus Santosh Kumar Patel @ Lallu S/o Shambhu Prasad Patel Aged About 30 Years Occupation Agriculture, R/o Village Davana Bharuhapar, Police Station Ramanujnagar, District Surajpur (C.G.) ... Respondent(s) For Appellant : Shri Sachhidanand Yadav, Panel Lawyer For Respondent(s) : None, though served. Single Bench: Hon'ble Shri Justice Sanjay S. Agrawal Judgment on board 10/02/2026 1. This appeal has been preferred by the State under Section 378 of the Code of Criminal Procedure, 1973, questioning the legality and propriety of the judgment dated 22/12/2022 passed by the Third Additional Sessions Judge, Surajpur, District Surajpur (CG) in Sessions Trial No.26/2018, whereby, the respondent has been acquitted with regard to the offence punishable under Section 306 of IPC. 2. From perusal of the record, it appears that the respondent-Santosh Kumar Patel @ Lallu, who was the husband of the deceased, SATISH TUMANE Digitally signed by SATISH TUMANE Date: 2026.02.10 18:43:44 +0530 2 namely, Geeta Patel, was charge-sheeted with regard to the offence punishable under Section 306 of IPC on the allegation that his wife was subjected to cruelty by him, on account of domestic dispute, owing to which, she consumed poison on 22/11/2017 and was admitted into the hospital at Srinagar and thereafter, was referred to the District Hospital at Ambikapur, where she died on the same day. A merg intimation (Ex.P-12) was lodged by the Aaya of the said hospital and during the course of investigation, it was revealed that she was harassed and maltreated by her husband on account of domestic dispute and based upon the alleged allegations, the respondent has been charge-sheeted with regard to the offence as mentioned hereinabove. 3. In order to establish the alleged allegations, the mother of the deceased, namely, Devikunwar was examined as PW-8 and according to her statement, it appears that after one year of her marriage, she lived cordially with him, but thereafter, her daughter was assaulted and mis-behaved by him, which was informed by her daughter on telephone as he restrained her from the children. It appears further from her testimony that on the date of incident, she was informed by her daughter on telephone that her husband, while using filthy words, assaulted her and because of that, she has consumed the poison. Although, it was stated by her as such, but her testimony was, however, not found to be corroborated by her husband, namely, Ramavtar (PW-6). According to him, in the morning of the date of incident, his daughter was assaulted by her husband, owing to which, she consumed poison, but, in his cross- 3 examination, at para-7, it was, however, stated by him that he was not aware what was happened on the date of the incident. Sachendra Kumar Patel (PW-2) and Rupa Patel (PW-3), who are brother-in-law (Jeth) and sister-in-law (Jethani) of the deceased and were residing with her, but have, however, not stated that she was harassed or maltreated by her husband. 4. It is to be seen further, as revealed from the statement of the mother of the deceased that on account of domestic dispute occurred between the deceased and her husband, a meeting was convened in the village, but no document as such, was placed on record and even from perusal of the statement of her uncle, namely, Suraj Patel (PW-9), it appears that no meeting as such was ever convened. Pertinently to be noted here further that even at the time of inquest (Ex.P-7), made on 22/11/2017, no allegation as such was alleged by the deceased’s parents, namely, Ramavtar (PW-6) and Devikunwar (PW-8), nor any report was ever lodged by them during her lifetime, that she was harassed and maltreated by her husband. 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 alleged crime. 5. The appeal, being devoid of merit, is accordingly dismissed at the admission stage itself. SD/- (Sanjay S. Agrawal) Judge Tumane