Digitally signed by SHUBHAM SHUBHAM SINGH SINGH RAGHUVANSHI RAGHUVANSHI Date: 2025.09.18 13 :39:46 +05 30

2025:CGHC:46721-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 340 of 2025 Smt. Kavita Bai Yadav W/o Late Dhan Singh Yadav Aged About 37 Years R/o Village Patpara, Police Station Pali, District Korba (C.G.) (Complainant)

... Appellant versus

1 - State Of Chhattisgarh Through Station House Officer, Police Station Pali, District Korba (C.G.)

2 - Gulab Singh S/o Manbharan Singh Kanwar Aged About 45 Years R/o Village Patpara, Police Station Pali, District Korba (C.G.)

3 - Laxmin Bai W/o Gulab Singh Kanwar Aged About 45 Years R/o Village Patpara, Police Station Pali, District Korba (C.G.)

4 - Smt. Urmila Bai Kanwar W/o Babu Singh Kanwar Aged About 35 Years R/o Village Patpara, Police Station Pali, District Korba (C.G.)

... Respondent(s)

(Cause-title is taken from CIS)

For Appellant : Ms. Pushpa Dwivedi, Advocate For Respondent No.1/State : Mr. Atanu Ghosh, Dy. G.A.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, C.J .

12.09.2025

1. Heard Ms. Pushpa Dwivedi, learned Counsel for the appellant. Also heard Mr. Atanu Ghosh, learned Deputy Govt. Advocate for respondents No. 1/State.

2. This acquittal appeal under Section 413 of BNSS is directed against the judgment dated 11.06.2025 passed by the learned 1^st Additional Sessions Judge Katghora, District- Korba (C.G.) in Session Trial No. 28/2020, whereby the learned trial Court has acquitted Respondents No.2 to 4 of offence punishable under Sections 302 & 201 R/w Section

34 of IPC.

3. Prosecution story, in brief, is that the deceased's wife, Kavita Bai Yadav (PW-1), lodged a morgue intimation on 10.07.2020, at Chaithma Police Outpost, stating that her husband, Dhansingh Yadav (now deceased), was with her at home until 4:00 p.m. on 09.07.2020. He then went to withdraw money with one Amrit Bai Sarathi. After withdrawing the money, Amrit Bai sat at Janki Bai's house. The deceased later called his wife from Janki Bai's mobile phone, saying he was going to Bhakhar village and would eat at his brother Mahasingh's (PW-2) house, where guests had arrived. At around 7:00 p.m., he called again, saying he was at his brother's house. At around 7:30 p.m., he called his wife and informed her that he was keeping his mobile phone number 7804924129 at home after having dinner and would not be talking further. He did not return home that night, and his mobile phone was found switched off. On the morning of 10.07.2020, his sister-in-law, Lagni Bai (PW-11), informed the complainant (PW-1) that Dhansingh was found hanging from a tree with a nylon rope around his neck, and he had died. The complainant suspected foul play, alleging that her husband had previously been threatened by appellants Laxmin Bai and Gulab Singh due to a dispute over an alleged illicit relationship. A dispute had occurred between deceased Dhansingh and appellant Gulab Singh 15 days prior to the incident. Based on the complaint, a morgue intimation was registered. During the investigation, the site plan (Ex. P-8) was prepared in the presence of witnesses. The dead body of Dhansingh Yadav was sent to CHC Palli for post-mortem examination. The doctor provided a short post-mortem report (Ex. P- 27) and post-mortem examination report (Ex. P-26), opining that the death was due to strangulation. During the morgue inquiry, photographs of the dead body, slippers, half pants, and gamcha were taken in the presence of witnesses (Ex. P-10). Photographs of the crime scene, including bangles and footprints, were also taken (Ex. P- 9). A numbered morgue intimation (68/20) was registered at Police Station Palli. During the investigation, evidence was found suggesting that the accused, Gulab Singh, his wife Laxmi Bai, and another woman, Urmila Bai, had conspired to commit the murder. The accused were found to have contacted the deceased on his mobile phone and lured him to the crime scene. The