2026:CGHC:3430 Digitally signed by ARPAN ARPAN SRIVASTAVA SRIVASTAVA Date: NAFR

2026.01.30

19:40:14 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 318 of 2024

1 - State Of Chhattisgarh Through The Incharge Police Station Kanker District North Bastar, Kanker (C.G.)

... Appellant versus

1 - Mohd. Dabir Khan S/o Mohd. Alim Khan Aged About 46 Years R/o Nurani Chowk, Pandri Road, Rajatalab, Raipur, P.S. Civil Lines, District Raipur (C.G.)

... Respondent(s)

For State/Appellant : Mr. Vinod Tekam, G.A.

For Respondent : Mr. Adil Minhaj, Advocate Hon'ble Shr i Justice Ravindra Kumar Agrawal , J .

Order on Board

20/01/2026

1. The present acquittal appeal has been filed by the appellant against the impugned judgment of acquittal dated 30.11.2018 passed by learned Additional Sessions Judge (FTC), North Bastar, Kanker (CG) in Sessions Case No.24 of 2017, whereby the respondent-

accused has been acquitted from the offence of Section 306 of IPC.

2. The prosecution’s case in brief are that the respondent is the husband of the deceased Shakira Khan. Their marriage was solemnized on 27.04.2008, and thereafter she started residing at her matrimonial home. Out of the their wedlock, one son was born. After some time of the marriage, dispute arose between them which culminated into various complaints and ultimately the mother of the deceased made an application before Paramarash Kendra, Mahila Thana, Raipur for conciliation between the parties. The parties were appearing in the proceeding of Paramarsh Kendra and in the meantime the deceased was taken back by her parents on 20.04.2017 and she was residing there at her parent’s house. On 31.07.2017 she committed suicide by hanging herself inside her parents house and then FIR was registered against the respondent-accused under Section 306 of IPC for abetment of suicide to the deceased. It is allege that the father of the deceased was retired in the Year 2016 and he received huge amount of service benefit and the respondent-accused pressurizing his wife to bring money from her parents. When the deceased refuse to take money from her parents, the respondent-accused started assaulting her and she return back to her parents house. After due investigation charge-sheet was filed against the respondent- accused before the learned Chief Judicial Magistrate, Kanker, from where case was committed to the learned Trial Court for its trial.

3. The learned Trial Court has framed the charge for the offence under Section 306 of IPC which the respondent-accused denied and claimed to be tried.

4. In order to prove the charge against the respondent-accused, the prosecution has examined as many as 12 witnesses. Statement of the accused under Section 313 of Cr.P.C. has also been recorded in which he denied the circumstances that appears against him and pleaded innocence. The respondent-accused examined himself as DW/1-Mohd. Dabir Khan.

5. After appreciation of oral as well as documentary evidence led by the parties, the learned Trial Court has acquitted the respondent- accused from the offence under Section 306 of IPC holding that there is lack of evidence with respect to abetment or instigation to commit suicide to the deceased. Which is under challenge in the present acquittal appeal.

6. Learned counsel appearing for the appellant would submit that there is sufficient evidence against him that he abetted the deceased to commit suicide and the evidence of instigation is there in the record. From the evidcence of P.W./2 father of the deceased, P.W./6 mother of the deceased and PW/7 sister of the deceased it clearly reveals that the deceased was regularly pressurized by her husband for demand of money from her parents as her father has receive huge amount at the time of his retirement. In such mental state of harassment, the deceased was having no option but to commit suicide and she ultimately commit suicide.

7. He would further submits that the respondent-accused failed to give plausible explanation as to the circumstances under