Digitally 2025:CGHC:47987-DB signed by ANURADHA ANURADHA TIWARI NAFR TIWARI Date:

2025.09.22

17:25:21 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 348 of 2010 State of Chhattisgarh Through The S.H.O., P.S. Kota, District Bilaspur (C.G.)

... Appellant versus Santosh Kumar @ Santelal Bare S/o Itawari Ram Bare, Aged About –

52 Years, R/o Vill. Khurdur, Thana Kota, District Bilaspur (C.G.)

... Respondent (Cause-title taken from Case Information System)

Order on Board

Per Ramesh Sinha , Chief Justice

18.09 .2025

1. Heard Mr. Sangharsh Pandey, learned Government Advocate for the appellant/State and Mr. Amit Kumar, learned counsel appearing for the respondent.

2. By this appeal, filed under Section 378(1) of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”), the appellant/State calls in question the legality and propriety of the judgment of acquittal dated 02.11.2007 passed by the learned First Additional Sessions Judge, Bilaspur, in Sessions trial No.404/2006, whereby the respondent was acquitted of the charge under Section 302 of the Indian Penal Code, 1860 (for short, “IPC”), relating to the alleged homicidal death of Prem Kumar amounting to murder.

3. It is not in dispute that the deceased, Prem Kumar, was the son of accused Santosh alias Santelal Bare, and the complainant Hosh Kumari (PW-1) was the legally wedded wife of the deceased. After her marriage, Hosh Kkumari started residing with her husband at village Khurdur, where they lived in a joint family along with her mother-in-law, Ahgan Bai, sisters-in-law Anita, Sarita, brother-in-

law Narayan, and sister-in-law Savitri Bai.

4. The prosecution case, in brief, is that on 08.10.2005, Prem Kumar was admitted for treatment at Dr. Bhimrao Ambedkar Memorial Hospital, Raipur, where he succumbed to the injuries sustained by him at about 11:15 AM. On receipt of intimation of his death through written information (Ex.P/16) provided by the hospital authorities, Maudhapara Police Station registered a merg intimation vide Ex.P/6. Subsequently, on the basis of the said intimation, another merg intimation was registered at Police Station Kota on 09.06.2006 vide Ex.P/5.

5. In connection with the said merg enquiry, the Station House Officer, Kota, S.L. Chouhan (PW-22), conducted inquest proceedings (Ex.P/5) and recorded the statements of witnesses namely Govind Yadav, Netram, Shyamji, Santosh Baghel, Ramjhool Markam, Navneet Kumar, Janak Ram and Kotwar Jagmohan Das.

6. During the postmortem examination conducted by Dr. Ulhas Gonade (PW-14) and a report was obtained vide Ex.P/13. While postmortem, Dr. Ulhas Gonade (PW-14) has found following injuries:-

“External Examination:

The body was of a male of average height and build, lying on the autopsy table in a prone position. He was wearing light blue shorts and a yellow towel. The eyes were closed, pupils dilated, mouth closed, tongue retracted, lips parted and teeth visible. The limbs were straight and postmortem rigidity was present throughout the body. Postmortem staining was noted on the dorsum.

A silver-edged mark was present on the forehead. A cut leaf stitched wound was seen on the head. On the right frontal region, 3 cm left to the midline, there was a horizontal lacerated wound measuring 2–5 cm. An arrowhead-shaped injury was present on the upper part of the right leg, measuring 35 cm × 15 cm. Five centimeters below, a transverse indentation of 25 cm × 15 cm was observed. Three centimeters below this, an indentation measuring 1.5 cm × 1 cm was noted on the dorsum.

On the right side of the chest, an indentation of 125 cm × 2 cm was present. Two indentations measuring 10 cm × 7.5 cm × 1 cm each were found over the anterior and posterior iliac spines. Eight centimeters below, another indentation of 3.5 cm × 10 cm was observed. On the outer part of the rig