2025:CGHC:34436 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Criminal Appeal No.584 of 2022 Vishal Kumar Sonjhari S/o Late Sahdev Prasad, Aged About 25 Years R/o Village Kudri, P.S. Janjgir, District Janjgir-Champa Chhattisgarh. ... Appellant versus State Of Chhattisgarh Through P.S. Janjgir District Janjgir-Champa Chhattisgarh. ... Respondent For Appellant :Shri Ashutosh Trivedi, Advocate.

For Respondent/State :Shri SK Puriya, PL.

Hon'ble Shri Justice Deepak Kumar Tiwari Judgment on Board

21.07.2025 Digitally signed by SISTLA NEELIMA 1. This Appeal is directed against the judgment of conviction and VISHNU PRIYA Date:

2025.07.23

10:53:17 +0530 order of sentence dated 23.02.2022 passed by the Additional Sessions Judge (FTC), Janjgir, District Janjgir-Champa in Sessions Case No.49/2019 convicting the Appellant under Section 304B IPC and sentencing him to undergo RI for 7 years.

2. A synoptical resumption of the factual position in the case is that marriage of deceased Sapna was solemnized with the Appellant on 20.04.2018 as per the social rituals and she died on 27.07.2018 at her matrimonial house at village Kudri by consuming poison. Step mother of the deceased-Ganesh Bai Sidar (PW-1) has lodged a written complaint (Ex.P-1) before S.P, Janjgir against the present Appellant/husband of the deceased, uncle-in-law (chacha sasur) namely Gona Sonjhari, brother-in-law (devar) namely Rahul Sonjhari, Sister-in-law (nanand) namely Gomti Sonjhari and her husband (nandoi) namely Laxman Sonjhari stating that after the marriage, the said persons were harassing the deceased for demand of dowry and also threatened to kill her. She has further stated that a day prior to the date of incident i.e. 26.07.2018, the deceased made her a call informing that the Appellant has brutally beaten her up due to which, she sustained injuries on the head and was also threatened to be killed. She has further stated therein that uncle-in-law-Gona Sonjhari and brother- in-law–Rahul Sonjhari have advised the Appellant to sever and lob away the deceased. In the said complaint, suspicion was cast on the said persons stating that they have administered poison to the deceased. After enquiry, FIR (Ex.P-21) has been registered on 10.05.2019 at PS Janjgir. During investigation, marriage invitation card (Ex.P-3) was seized, crime details form (Ex.P-5) was prepared and death inquest (Ex.P-9) was carried out. Deceased was subjected to postmortem (Ex.P-23) wherein, the doctor has opined that death occurred due to cardio respiratory arrest by poisoning, viscera was preserved. FSL report (Ex.P-13) shows that Paraquat (Weedicide) was found in the pieces of heart, lungs, liver, kidney, spleen and stomach. Patwari prepared spot map (Ex.P-19). 3. After completion of investigation, charge sheet has been filed before the Chief Judicial Magistrate, who has committed the case, which in turn, has been received for trial. In order to prove its case, the prosecution has examined as many as 15 witnesses and exhibited 24 documents (Ex.P-1 to P-24). Statement of the accused/Appellant was recorded under Section 313 Cr.P.C in which, he denied the charges levelled against him and pleaded innocence and in his defence, no witness was examined.

4. After evaluating the evidence, the trial Court, vide its impugned judgment, has acquitted Gomti Sonjhari and Laxman Sonjhari but convicted the Appellant herein as mentioned above.

Hence this Appeal.

5. Learned Counsel for the Appellant submits that there is no iota of evidence that the deceased, soon before her death, was subjected to cruelty for demand of dowry. He further submits that though the incident took place on 27.07.2018, but the written complaint has been lodged belatedly on 11.03.2019 i.e. after more than 7 months and further, FIR (Ex.P-21) has been registered on 10.05.2019 i.e. after about 9 months. He further submits that though the written complaint has been lodged against five persons but the FIR has been registered only against 3 persons i.e. t