2026:CGHC:3234-DB The date when The date when The date when the the judgment is the judgment is judgment is uploaded on reserved pronounced the website Operative Full --- ---- -- 21.01.2026 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR ACQA No. 122 of 2016

1 - Siyaram Sen, S/o Late Baldev Sen, Aged About 58 Years, R/o Village Rasmada, Police Station - Pulgaon, District - Durg Chhattisgarh. ... Appellant versus

1 - State Of Chhattisgarh Through Station House Officer, Police Station - Azad Chowk, Raipur, District - Raipur Chhattisgarh. 2 - Kamlesh Sen S/o Omprakash Sen Aged About 30 Years R/o Hanuman Gudi, Awadhiya Para, Police Station - Azad Chowk, Raipur, District - Raipur Chhattisgarh.

3 - Omprakash Sen S/o Kunjlal Sen Aged About 64 Years R/o Hanuman Gudi, Awadhiya Para, Police Station - Azad Chowk, Raipur, District - Raipur Chhattisgarh.

4 - Shanti Bai Sen W/o Omprakash Sen Aged About 55 Years R/o Hanuman Gudi, Awadhiya Para, Police Station - Azad Chowk, Raipur, District - Raipur Chhattisgarh.

5 - Wasika Sen W/o Deepak Sen Aged About 37 Years R/o Hanuman Gudi, Awadhiya Para, Police Station - Azad Chowk, Raipur, District - Raipur Chhattisgarh.

... Respondents For Appellant : Ms. Pranoti Das, Advocate on behalf of Mr. Goutam Khetrapal, Advocate.

For Res. No.1/State : Mr. Avinash Singh, Govt. Advocate.

Fro Res. Nos. 4 & 5 : Mr. Surendra Kumar Dewangan, Advocate.

DB : Hon'ble Smt. Justice Rajani Dubey &

Hon'ble Shri Justice Radhakishan Agrawal Judgment on Board (20.01.2026)

Per Rajani Dubey, J

1. The present acquittal appeal has been filed by the complainant/appellant herein against the judgment dated 07.05.2016 passed in Sessions Case No.79/2015 by the learned 7^th Additional Sessions Judge, Raipur (C.G.), whereby the learned Trial Court acquitted the accused/respondents Nos. 2 to 5 herein of the charge punishable under Section 304-B read with section 34 of the Indian Penal Code.

2. The prosecution case, in brief, is that deceased Roshni Sen was married to the accused/respondent No.2 - Kamlesh Sen about four years prior to the incident. Accused/respondent Nos. 3 and 4 Omprakash and Shanti Bai are the father-in-law and mother-in-law of the deceased respectively, and accused/respondent No.4 - Wasika Sen is her sister-in-law (Jethani). It was alleged that deceased Roshni was subjected to physical and mental cruelty by her in-laws on account of bringing insufficient dowry and was taunted and harassed, and on that ground she was even driven out of the matrimonial home. She was persistently asked to bring cash, gold and silver as dowry. The deceased used to inform her parental family about such harassment from time to time. Her father advised her to lodge a report, however, the deceased kept refusing to do so. At the relevant time, deceased Roshni was residing at her matrimonial home situated at Hanuman Gudi, Avadhiya Para, Raipur, within the jurisdiction of Police Station Azad Chowk, Raipur. On 15.01.2015 at about 1:30 a.m., she suddenly caught fire while sleeping. After bringing the injured Roshni to the hospital, information of the incident was given to her father. The doctors continued her treatment, and during her admission at Dr. Kalda Nursing Home, intimation of the incident was sent to the concerned police station. Thereupon, the police reached the hospital and recorded the dying declaration of the deceased, and investigation of the matter was continued. During the course of treatment, injured Roshni succumbed to her injuries on

25.01.2015 at about 12:30 p.m. Further case of the prosecution is that the police registered a merg, prepared the inquest (panchnama) of the dead body and conducted post-mortem examination. On 28.01.2015, the parental side of the deceased lodged a report against the accused persons alleging dowry death. Upon completion of the merg inquiry, the police registered an offence against the accused persons and took up the case for investigation. During investigation, statements of witnesses were recorded, a spot map was pre