2026:CGHC:2629-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 --- ---- -- 16.01.2026 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR ACQA No. 228 of 2018  The State of Chhattisgarh, Through – District Magistrate, Kabirdham (C.G.)

... Appellant versus

1. Bhagwat Yadav, S/o Shatruhan Yadav, aged about 26 years.

2. Shatruhan Yadav, S/o Kunjram Yadav, aged about 45 years Both R/o village Sukli Govind, Police Station – Kunda, District Kabirdham (C.G.)

... Respondents For Appellant/State : Mr. Avinash Singh, Govt. Advocate.

For Respondents : None DB : Hon'ble Smt. Justice Rajani Dubey &

Hon'ble Shri Justice Radhakishan Agrawal Judgment on Board (16.01.2026)

Per Rajani Dubey, J

1. The present acquittal appeal has been filed by the State/appellant herein against the judgment dated 17.11.2017 passed in Sessions Trial No.44/2016 by the learned Sessions Judge, Kabirdham (Kawardha) (C.G.), whereby the learned Trial Court acquitted the accused/respondents herein of the charge under Section

302 read with section 34 of the IPC.

2. The prosecution case, in brief, is that on 25.09.2016 at about 08:00–08:30 a.m., the Station House Officer Pradeep Kumar Sori, received telephonic information from Assistant Sub-Inspector Dwarka Deshlahre, In-charge of Police Chowki Damapur, Police Station Kunda, that one Shivarani Bai (since deceased) of village Sukli Govind had died under suspicious circumstances. Upon receipt of the said information, Inspector Pradeep Kumar Sori reached village Sukli Govind, where on 25.09.2016 at about 10:30 a.m., informant/complainant Sahbeen Bai lodged a Dehati Merg intimation (Ex.P-11) to the effect that her deceased daughter Shivarani was married two years prior to the incident to accused/respondent No.1- Bhagwat Yadav, son of Shatruhan Yadav, accused/respondent No.2, resident of village Sukli Govind. It was further stated that her son-in-law Bhagwat Yadav (accused/respondent No.1) and his father Shatruhan Yadav (accused/respondent No.2) herein were habitual drunkers and, under the influence of liquor, used to frequently assault her daughter. Bhagwat Yadav used to suspect the character of Shivarani and used to beat her. During the Teej festival of the said year, Shivarani had come to her maternal home at Sarangpur, and Bhagwat Yadav had also come there, where he assaulted Shivarani in her house itself. Shivarani had told her mother that her husband Bhagwat Yadav and father-in-law Shatruhan Yadav used to regularly assault her on suspicion of her character. On 25.09.2016 at about 03:00 a.m., Bhagwat Yadav informed complainant that Shivarani’s condition was very serious. Thereafter, the complainant, along with her brother Tulsiram, her son Shribhajan, and a relative Panchram, reached village Sukli Govind at about 06:00 a.m., where she saw that the dead body of her daughter Shivarani was lying in a supine condition in the veranda of her matrimonial house. Blood and froth were coming out of her nose. There were no visible external injuries on the body; however, marks of strangulation were visible near her neck. From these circumstances, the complainant suspected that her daughter Shivarani had been murdered by her husband Bhagwat Yadav and father-in-law Shatruhan Yadav by strangulation due to suspicion over her character. It was further stated that the silver anklets worn by Shivarani were removed and kept aside. Further case of the prosecution is that on 25.09.2016, during the merg inquiry, Inspector Pradeep Sori issued notices (Ex.P-12) to the witnesses for conducting inquest proceedings over the dead body of Shivarani Bai lying in the veranda of her house. Thereafter, in the presence of witnesses, the inquest on the body of deceased and spot map (Ex.P-13) were prepared. Subsequently, an application for post-mortem examination (Ex.P-14) was prepared, and the dead body was sent to Community Health Centre, Pandariya, where on 25.09.2016,