SUNITA GOSWAMI Digitally signed by SUNITA GOSWAMI Date: 2026.01.02

18:13:54 +0530 2026:CGHC:170 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 236 of 2023 Reserved on 17/12/2025 Pronounced on 02/01/2026

1 - Upendra Deshlahre, Aged About 58 Years, S/o Late Manrakhan Deshlahre, R/o Village Mokhetara, Police Station Aarang, District- Raipur, Chhattisgarh. ... Appellant versus

1 - Ravi Kumar Gaikwad S/o Lakshan Kumar, Aged About 33 Years (wrongly mentioned 27 years in the impugned order), 2 - Shikha Sahu W/o Ravi Kumar Gaikwad (wrongly mentioned as D/o Ravi Kumar Gaikwad in the impugned order), Aged About 31 Years (wrongly mentioned 25 years in the impugned order), Both the Above Respondents 1 and 2 are R/o Village Barondabazar, Police Station And District- Mahasamund, Chhattisgarh.

3 - State of Chhattisgarh. Through SHO, Police Station Mahasamund, District- Mahasamund, Chhattisgarh.

... Respondents For Appellant : Mr. Sajal Kumar Gupta, Advocate For Respondents No.1 and 2 : Mr. R.K. Verma, Advocate.

For Respondent No.3/State : Mr. Ratan Pusty, Govt. Advocate.

Single Bench : Hon'ble Shri Justice Sanjay S. Agrawal

C A V Judgment

1. This appeal has been preferred by the appellant-victim under proviso to Section 372 of the Code of Criminal Procedure, 1973, questioning the legality and propriety of the judgment dated 22/07/2022, passed by the Additional Sessions Judge (FTC), Mahasamund (C.G.) in Sessions Trial No.77/2017, whereby, the respondents no.1 and 2, have been acquitted with regard to the offence punishable under Section 306 of IPC.

2. Briefly stated the case of the prosecution is that the marriage of the deceased, namely, Kunti was solemnized with the respondent no.1- Ravi Kumar Gaikwad, sometimes in the month of April, 2011, but, out of their wedlock, no child was born. It is alleged by the prosecution that, initially, the marital life of the deceased was cordial in nature for the period of 6 months, but, later on, as she was unable to give birth to a child, she was, therefore, harassed and maltreated by her husband and also by her in-laws’. She was also harassed because of her illiteracy as also because of coming with insufficient dowry at the time of marriage. It is the further allegation of the prosecution that her husband has developed illicit relations with one Shikha Sahu, the respondent no.2 herein and, both have started neglecting and torturing her, owing to which, she committed suicide by hanging herself on 04/06/2017. A merg intimation (Ex.P-7) was, therefore, lodged by her father-in-law, namely, Lakshan Kumar before the Police Station, Mahasamund and based upon which, an FIR (Ex.P-20) was registered against them in connection with Crime No.349/2017 for the offence punishable under Section 306 IPC. Inquest of the dead body was conducted vide Ex.P-2 and autopsy of her body was done by Dr. D.K. Sinha (PW-18), who vide his report (Ex.P-19) opined the cause of death to be ‘asphyxia’, which occurred as a result of hanging and was, thus, opined to be suicidal in nature and, during the course of inquiry, a Diary Note (Article A-1), written by the deceased, was recovered and after completion of the investigation, the charge-sheet was submitted before the Chief Judicial Magistrate, Mahasamund, who in turn, committed the matter to the trial Court, where based upon the materials available on record, the respondents no.1 and 2 have been charge-sheeted for the offence mentioned herein-above, which was denied by them and claimed to be tried.

3. The trial Court, after considering the evidence led by the prosecution, has acquitted the respondents for the offence punishable under Section 306 of IPC on finding that the prosecution has failed to establish the fact that the deceased was either harassed or maltreated by her husband or in-laws’ on account of demand of dowry or because she failed to beget a child, or the respondents have instigated her because of the extra-marital relation of her husband and, in consequence, they have been