1 2026:CGHC:4929-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No.226 of 2015 State Of Chhattisgarh Aged About 18 Years Through - District Magistrate Rajnandgaon (CG) ... Appellant versus 1 - Deepak Meshram S/o Late Hariram Meshram Aged About 25 Years R/o Ambedkar Ward, Ward No. 17, Khairagarh, Distt. Rajnandgaon (CG) 2 - Smt. Shanti Bai W/o Late Hariram Meshram Aged About 50 Years R/o Ambedkar Ward, Ward No. 17, Khairagarh, Distt. Rajnandgaon (CG) 3 - Smt. Sangita Bai W/o Ashish Sonteke Aged About 30 Years R/o Shantinagar Ambedkar Chowk, Khairagarh, P.S. Khairagarh, Distt. Rajnandgaon (CG) ... Respondents For Appellant : Shri Kanwaljeet Singh Saini, Dy.G.A. For Respondent(s) : Ms. Anushka Tripathi, Advocate DB: Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Amitendra Kishore Prasad Judgment On Board Per Sanjay S. Agrawal, J 29/01/2026 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 19/06/2015, passed by the learned Additional Sessions Judge, Khairagah, District Rajnandgaon (C.G.) in Sessions Trial No.17/2013, whereby, the SATISH TUMANE Digitally signed by SATISH TUMANE Date: 2026.01.30 17:38:18 +0530 2 respondents have been acquitted with regard to the offence punishable under Sections 304-B/34 and 302/34 of IPC. 2) From perusal of the record, it appears that the marriage of the deceased-Darshana was solemnized with the Respondent No.1- Dipak Meshram on 16/05/2012 at Khairagarh and after solemnization of her marriage, she started living in her in-law’s house. It is alleged that she was harassed by her husband- Dipak Meshram, mother-in-law-Smt. Shanti Bai and Sister-in-law-Smt. Sangeeta Bai on account of demand of Rs.50,000/- and also because she was unable to give birth to a child and, because of their harassment, she died on 05/08/2013. Based upon the alleged allegations, the respondents have been charge-sheeted with regard to the offences mentioned hereinabove. It appears from perusal of the record that on account of her death in the District Hospital at Rajnandgaon, a merg intimation (Ex.P-8) was registered on 05/08/2013, based upon the information received from the concerned hospital and, it appears further that during the course of enquiry of merg, a written report (Ex.P-2) was lodged by the deceased’s brother, namely, Babul on 13/08/2013, before the Police Station Khairagarh, wherein, it was alleged that his sister was harassed and maltreated by the respondents on account of demand of Rs.50,000/- and also because she was unable to give birth to a child. It was alleged further by him that his sister was abused by her husband while using filthy words and, on 05/08/2013, he received the telephonic information from a neighbour that his sister was 3 admitted into the hospital after burn her and, it was, thus, alleged that his sister was murdered by the respondents while ablazing her. 3) In order to establish the alleged allegations, the brother of the deceased, Babul was examined as PW-2 and, it appears from his statement that when his sister came to his house, it was informed by her to his wife that she was harassed and maltreated by her husband (respondent No.1-Dipak Meshram) on account of demand of Rs.50,000/- as also because she was unable to give birth to a child. Further of his testimony would show, as revealed from para- 14, that they wanted to get the funeral done of his sister at Gondia (Maharashtra), while her in-laws wanted to get it done at Khairagarh and which led to a dispute between them. 4) Santosh Bhalerao (PW-3), is the maternal uncle of the deceased and, according to him, the deceased informed to his wife that she was harassed by her husband on account of demand of Rs.1,00,000/- and, the mother of the deceased, namely, Smt. Indu Bai (PW-4) has deposed in her evidence that when her deceased daughter came to her house, it was informed that she was harassed and maltreated by her husband on account of demand of Rs.50,000/-, while the maternal aunt of the deceased, namely, Rajani (PW-7) deposed in her evidence that she was informed by the deceased that her husband, sometimes used to demand Rs.50,000/- and, sometimes Rs.1,00,000/- and used to harass her. 5) From perusal of the aforesaid testimonies of the close relatives of the deceased, it appears that none of them have, however, alleged 4 that she was murdered by them, as was stated by her brother-Babul (PW-2) in his alleged report (Ex.P-2) made on 13/08/2013, much after the occurrence of the alleged incident, that while pouring kerosene oil upon her, she was murdered. That apart, there are material discrepancies in their statements regarding demand of money from her. No reliance, therefore, could be placed upon their testimonies that she was harassed and maltreated because of alleged demand of money, or because she was unable to give birth to a child. 6) That apart, the marriage of the deceased was solemnized with the respondent No.1-Dipak Meshram on 16/05/2012, who died on 05/08/2013, but during her life time, no report as such was ever lodged by her parents that she was being harassed and maltreated by the respondents as such and even upon her sad demise on 05/08/2013, no report to this effect was lodged immediately thereafter and only during the course of merg enquiry, a written report (Ex.P-2) was lodged by her brother on 13/08/2013, while alleging that she was harassed and maltreated by her husband and in-laws on account of demand of Rs.50,000/- and also because she was unable to give birth to a child. 7) It is to be seen further that her dying declaration (Ex.P-6) was recorded on 05/08/2013 by the Nayab Tahsildar, namely, Shri Avinash Thakur (PW-9) of Village Ghumka, District Rajnandgaon, when it was certified by a doctor vide Ex.P-5 that she is competent to make a statement and, from a bare perusal of her dying 5 declaration (Ex.P-6) would reveal the fact that on the said fateful day, she was alone at home and has poured kerosene oil upon her on her own as she was disturbed for not giving birth to a child and, further of her dying declaration would show that the behaviour of her husband and mother-in-law was cordial with her. 8) In view of the testimonies of the deceased’s close relatives, coupled with her dying declaration (Ex.P-6), it cannot be said that the respondents are involved for the commission of the alleged crime and, the trial Court, after taking note of those materials, has, therefore, not erred in acquitting them from the commission of the alleged crime, so as to call for any interference in this appeal. 9) The appeal, being devoid of merit, is accordingly dismissed. SD/- (Sanjay S. Agrawal) Judge SD/- (Amitendra Kishore Prasad) Judge Tumane