2026:CGHC:8623-DB The date when The date when The date when the the judgment the judgment is judgment is uploaded on is reserved pronounced the website Operative Full

20.01.2026 18.02.2026 -- 18.02.2026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Judgment reserved on: 20.01.2026 Judgment delivered on: 18.02.2026 CRA No. 178 of 2015

1 - Horilal Yadav S/o Malikram Yadav Aged About 30 Years R/o CIMS Colony D-01, Type - 03, Guru Ghashidas Vishaw Vidhalay, Bilaspur, P.S. Koni, District Bilaspur C.G.

--- Appellant versus

1 - State of Chhattisgarh Through - P.S. Koni, District Bilaspur C.G.

--- Respondent(s)

with ACQA No. 618 of 2019

1 - Suman Yadav W/o Ram Narayan Yadav Aged About 43 Years Occupation- Aganbadi Worker, R/o Kushalpur, Tulsinagar, P.S. - Purani Basti, District- Raipur Chhattisgarh.

---Appellant Versus

1 - Horilal Yadav S/o Malikram Yadav Aged About 31 Years R/o CIMS Colony D-01, Type - 03, Guru Ghasidas Vaishnav, Bilaspur, P.S.- Koni, District Bilaspur Chhattisgarh.

2 - State of Chhattisgarh Through District Magistrate Bilaspur, District Bilaspur Chhattisgarh.

--- Respondent(s)

Hon'ble Smt. Justice Rajani Dubey Hon’ble Shri Justice Radhakishan Agrawal

C A V Judgment

Per Rajani Dubey, J.

1. Since the aforesaid criminal appeal and acquittal appeal arise out of the same judgment, they are being heard together and decided by this common judgment.

2. The aforesaid Criminal Appeal No. 178/2015 and Acquittal Appeal No. 618/2019 are directed against the judgment dated 27.01.2015 passed by VI Additional Sessions Judge, Bilaspur (C.G.) in Sessions Trial No. 185/2013 whereby the appellant in CRA No. 178/2015 has been convicted under Section 306 of IPC and sentenced to undergo RI for 10 years with fine of Rs. 200/-, with default stipulation, and respondent No.1 in ACQA No. 618/2019 has been acquitted of the charges under Section 302, 201 of IPC.

3. It is admitted that the deceased, Asha Yadav, was the daughter of Smt. Suman Yadav (PW-4) and Ramnarayan Yadav (PW-7). She was married to the accused on 16.05.2013 and they lived in Government Residential House No. D-1, Type-3, Guru Ghasidas University Campus. On information furnished by the accused, a merg intimation was registered at Police Station Koni (Ex.P/4). On 26.07.2013, the deceased had come alone to her parental home at Raipur. Her mobile phone was seized from the house of the accused Horilal Yadav vide Ex.P/7 and an application for post-mortem was submitted vide Ex.P/8. The accused was subsequently arrested under arrest panchnama Ex.P/15.

4. The prosecution case, in brief, is that on 29.07.2013 at about

00:15 hours, the accused informed the police that his wife had allegedly committed suicide by hanging from the ceiling fan in the room. Acting on the said information, Head Constable Chhotelal Jaltare registered merg/inquest proceedings at Police Station Koni vide Ex.P/4. Sub-Inspector Durga Kiran Patel issued notice to the witnesses to attend the inquest proceedings (Ex.P/9) and prepared the spot map (Ex.P/13). Tehsildar Narendra Kumar Banjara conducted the inquest over the dead body in the presence of witnesses and prepared the inquest report (Ex.P/10).

The dead body was sent for post-mortem examination and Dr. Anshul Lal submitted the post-mortem report (Ex.P/8). Thereafter, the dead body of the deceased Asha Yadav was handed over to the accused vide Ex.P/16, and duty certificate (Ex.P/14) was issued to Constable Santosh Tirki.

During investigation, the Investigating Officer seized from the place of occurrence a scarf hanging from the ceiling fan, a knife, a dongle, a Nokia mobile phone, spectacles, a railway ticket and the ceiling fan vide seizure memos Ex.P/5 and Ex.P/6. The Crime Mobile Unit, Bilaspur, inspected the spot and submitted its inspection report (Ex.P/11). On the basis of the statements of the family members of the deceased and the post-mortem report, the investigating agency concluded that the deceased had been strangulated. Accordingly, FIR No.131/2013 was registered against