Digitally 2026:CGHC:5873-DB SAIFAN signed by KHAN SAIFAN KHAN NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Criminal Appeal No. 404 of 2015 [Arising out of impugned judgment of conviction and order of sentence dated 25.02.2015, passed in Sessions Trial No.49/2013 (State of Chhattisgarh v. Jitendra and 02 others) by the Additional Sessions Judge, Mungeli District Bilaspur (CG)]

1 – Jitendra, S/o Jagdish Patel, aged about 20 years, R/o Village Saristal, Police Station Lormi, District Mungeli (Chhattisgarh)

2 – Jagdish, S/o Makhan Patel, aged about 55 years, R/o Village Saristal, Police Station Lormi, District Mungeli (Chhattisgarh)

3 - Kunwariya Bai, W/o Jagdish Patel, aged about 50 years, R/o Village Saristal, Police Station Lormi, District Mungeli (Chhattisgarh)

... Appellants (On Bail)

Versus State of Chhattisgarh, through Police Station Lormi, District Mungeli (Chhattisgarh)

... Respondent -------------------------------------------------------------------------------------------------

For Appellants : Mr. Rakesh Jain and Mrs. Kiran Jain, Advs.

For Respondent : Mr. Afroz Khan, Panel Lawyer -------------------------------------------------------------------------------------------------

Division Bench Hon'ble Shri Justice Sanjay K. Agrawal and Hon'ble Shri Justice Arvind Kumar Verma Judgment on Board (02.02.2026)

Sanjay K. Agrawal, J (1) This criminal appeal filed under Section 374(2) of CrPC at the instance of the accused-appellants, is questioning the legality, validity and correctness of the impugned judgment of conviction and order of sentence dated 25.02.2015 (wrongly mentioned in the impugned judgment as 25.02.2013), passed in Sessions Trial No.49/2013 (State of Chhattisgarh v. Jitendra and 02 others) by the Additional Sessions Judge, Mungeli District Bilaspur (CG), whereby he has been convicted for offence under Section 304-B read with Section 34 of IPC and sentenced for imprisonment for life with fine of Rs.500/- each and, in default of payment of fine, additional rigorous imprisonment for 01 month.

(2) The case of the prosecution, in short, is that on 18.05.2013, at about 04:30 PM, at Village Saristal, which comes within the ambit of Police Station Lormi, District Mungeli (CG), the accused-appellants herein, in furtherance of their common intention, harassed Suruchi (herein after referred to as the “deceased”), tortured her mentally and physically and have also committed cruelty upon her for or in connection with demand of dowry, due to which, she died within seven years of her marriage under unnatural circumstance and, thereby, said to have committed the aforesaid offences.

(3) The further case of the prosecution is that the appellant No.01 is husband of the deceased, whereas the appellants No.02 & 03 are father-in-law and mother-in-law of the deceased respectively. The marriage of the deceased with the appellant No.01 was solemnized in the year 2010 and she died under unnatural circumstances on

18.05.2013 (i.e. within seven years of her marriage). On account of death of the deceased, marg intimation was recorded vide Ex.P/06. Thereafter, pursuant to written complaint lodged by brother of the deceased- Chiranjiv Lal (PW-01), FIR (Ex.P/05) was recorded registered and wheels of investigation started running, in which, summons under Section 175 of CrPC were sent vide Ex.P/01 and inquest proceedings were conducted vide Ex.P/02. Nazari naksha was prepared vide Ex.P/11. The dead-body of the deceased was sent for postmortem examination, which was conducted by Dr. R.K. Upadhyay (PW-06) and, as per PM report (Ex.P/10), it has been opined that the cause of death of the deceased is septicemia, due to extensive burn followed by hypovolemic shock and cardiopulmonary collapse. The accused-appellants were arrested vide Ex.P/13 to Ex.P/15. After due investigation, the accused-appellants herein were also charge-sheeted for the aforesaid offences in the competent criminal Court having jurisdiction, which was thereafter committed to the Court of S