2026:CGHC:1840-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 - - -- 15.01.2026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 126 of 2017

1 - State of Chhattisgarh Through Police Station Pamgarh, District Janjgir Champa, Chhattisgarh.

... Appellant versus

1 – Ramkumar, S/o Bharat Lal Thawait, Aged About 24 Years, 2 – Bharatlal, S/o Dukaluram Thawait, Aged About 62 Years, 3 - Laxminbai, W/o Bharatlal Thawait, Aged About 59 Years, All are R/o Village Rasauta, Police Station Pamgarh, District Janjgir Champa, Chhattisgarh.

... Respondent(s)

For Appellant : Ms. Sunita Sahu, P.L.

For Respondent(s) : Mr. Vivek Singhal, Advocate Hon'ble Smt. Justice Rajani Dubey Hon’ble Shri Justice Radhakishan Agrawal Judgment on Board Per Rajani Dubey, J.

13/01/2026

1. The present appeal has been preferred by the appellant assailing the judgment dated 02.01.2017 passed by the learned Additional Sessions Judge (F.T.C.) Janjgir-Champa (C.G.) in Sessions Case No. 127/2015 whereby the learned trial Court acquitted the respondents/accused of the offences punishable under Sections 498-A, 304-B and in alternative Section 302/34 of the Indian Penal Code, 1860.

2. The prosecution case is that the deceased Sarita was married to accused Ramkumar Thawait on 10.06.2009. After a few months of marriage, the accused subjected Sarita to physical and mental cruelty on account of insufficient dowry and at one point, even separated her from the matrimonial home. The accused Ramkumar thereafter compelled Sarita to bring a sum of Rs.3,00,000/- from her parental home for construction of a separate house, which amount was allegedly paid and utilized. Subsequently, further demands were made for money for digging a bore well and for articles such as a sofa, scooter, CD, etc. On failure to meet these demands, Sarita was continuously harassed and humiliated by her husband Ramkumar and her in-laws, namely Bharatlal and Laxmibai.

On 25.04.2015, accused Ramkumar lodged a complaint against Sarita at the police station. On the same day, allegedly due to persistent cruelty and dowry-related harassment by the accused persons, Sarita committed suicide by hanging herself from a ceiling fan in her room. On receipt of information, Police Station Pamgarh registered a case and conducted investigation, including preparation of inquest (panchnama), spot map, Patwari map, recording of witness statements, and sending seized articles to FSL, Raipur for chemical examination. Upon completion of investigation, a charge-sheet was filed under Sections 304-B read with Section 34 of the Indian Penal Code before the Judicial Magistrate First Class, Pamgarh, who, having no jurisdiction to try the case, committed it to the Sessions Court, from where it was transferred to this Court for trial and disposal. The learned Trial Court framed charges against the respondents/accused under Sections 498-A, 304-B and in the alternative under Section 302 read with Section 34 of the Indian Penal Code, to which they pleaded not guilty and claimed to be tried.

3. In order to bring home the guilt of the accused/respondents, the prosecution examined as many as 10 witnesses. The statements of the accused/respondents were also recorded under Section 313 of the Code of Criminal Procedure, wherein they denied all the incriminating circumstances appearing against them and pleaded innocence alleging false implication in the case. The accused/respondents did not lead any evidence in defence.

4. Upon due appreciation of the oral as well as documentary evidence available on record, the learned Trial Court acquitted the respondents/accused of the offences punishable under Sections 498-A and 304-B of the Indian Penal Code and in the alternative under Section 302/34 of IPC. Hence, this acquittal appeal.

5. Learned counsel for the appellant submits that the impugned judgment passed by the learned Trial Court is erroneous, perverse and