1 2026:CGHC:14055 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No.221 of 2021 State Of Chhattisgarh Through S.H.O. P.S. Nandghat, District Bemetara Chhattisgarh ... Appellant versus 1 - Kheduram Sahu S/o Sukutram Aged About 50 Years 2 - Goukaran S/o Kheduram Sahu Aged About 28 Years Both are R/o Village Khamhariya, Police Station Nandghat, District Bemetara Chhattisgarh ... Respondent(s) For Appellant : Shri Kanwaljeet Singh Saini, Dy.GA For Respondent(s) : Shri Ashwell Franklin, Advocate appears on behalf of Shri Samir Singh, Advocates Single Bench: Hon'ble Shri Justice Sanjay S. Agrawal Judgment on board 24/03/2026 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 13/11/2013 passed by the learned Additional Sessions Judge, Bemetara, District Bemetara (C.G.) in Sessions Trial No.57/2010, whereby, the respondents have been acquitted with regard to the offence punishable under Sections 306/34 and 498-A/34 of IPC, while Parwati Bai, who is not the party herein, has been convicted under Section 306 and 498-A of IPC and sentenced for rigorous imprisonment for three years and one month and, one year respectively along with stipulated defaults. SATISH TUMANE Digitally signed by SATISH TUMANE Date: 2026.03.24 18:24:08 +0530 2 2. From perusal of the record, it appears that the marriage of the deceased, namely, Laxmin Bai was solemnized with the respondent No.2-Goukaran, three to four years prior to the occurrence of the alleged incident, who committed suicide on 03/07/2010 while pouring kerosene oil upon her, owing to which, she was admitted into the CIMS hospital at Bilaspur and during the course of treatment, she died on 08/07/2010. A merg intimation (Ex.P-8) was lodged by one Prasanna, Ward Boy of the said hospital on 08/07/2020, on the basis of which, an inquiry was conducted, wherein it was revealed that the deceased was harassed and maltreated by the respondents and the mother-in-law of her on the allegation that she (deceased) had illicit relation with her father-in- law-Kheduram, the respondent No.1 herein. The respondents No.1 and 2 along with the mother-in-law of the deceased was charge- sheeted as such, which was denied by them and claimed to be tried. 3. It is to be noted that Parwati Bai, the mother-in-law of the deceased, has been convicted and awarded sentence as mentioned herein- above and, as informed during the course of argument, that she has not preferred any appeal against her conviction and, the instant acquittal appeal has been preferred only against the husband and the father-in-law of the deceased. 4. In order to ascertain the alleged allegations, the statement of the deceased’s father, namely, Shankar Lal (PW-1), mother-Smt. Tulsi Bai (PW-2), along with her brother-Narendra Kumar (PW-9) and her cousin-Suresh Sahu (PW-10) were examined, but none of them 3 have, however, stated that she was harassed or tortured by the respondents as such or as per their instigation, she has committed suicide while pouring kerosene oil upon her. 5. It is to be seen further that when the deceased was admitted into the hospital on 03/07/2010, her dying declaration (Ex.P-1) was recorded in presence of her mother, namely, Smt. Tulsi Bai and cousin-Suresh Sahu (PW-10). However, a bare perusal of her dying declaration, it appears that her mother-in-law-Smt. Parwati Bai used to abuse her with filthy words on account of her illicit relation with her father-in-law and, it appears further from her said dying declaration that when she has poured kerosene oil upon her, she was tried to be saved by her husband while pouring water on her. That apart, it appears from the testimony of her mother, namely, Smt. Tulsi Bai (PW-2) that she was not only tried to be saved by her husband, but he has also admitted her immediately into the hospital. 6. Considering the aforesaid statements of parents of the deceased, vis-a-vis the dying declaration (Ex.P-1), it cannot be said that she was harassed or maltreated by the respondents or because of their instigation, she has taken such an extreme step of committing suicide by pouring kerosene oil upon her. 7. In view of the above, I do not find any substance in this appeal. The appeal is accordingly dismissed at the admission stage itself. SD/- (Sanjay S. Agrawal) Judge Tumane