2025:CGHC:56280 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 165 of 2019 Dataram Sahu S/o Shri Vishal Sahu Aged About 32 Years R/o Village Chhechhar, P. S. Kasdol, District Balodabazar-Bhatapara Chhattisgarh, District : Balodabazar-

Bhathapara, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The District Magistrate, Balodabazar, District Balodabazar-Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh ... Respondent For Applicant : Mr. Sumit Shrivastava, Advocate For State/Respondent : Mr. Vivek Sharma, PL Hon’ble Shri Justice Arvind Kumar Verma

Order on Board

19/11/2025

1. This criminal revision has been preferred by the applicant under Section

397/401 of the Code of Criminal Procedure, 1973 for quashing the charges. Being aggrieved with the impugned order dated 24.01.2019 passed in Sessions Trial No.04/2019 framed the charged under Section 306 of IPC by the Sessions Judge, Balodabazar (C.G.).

2. Brief facts of this case are that on 07/05/2018, one Hariram Sahu, father-in-

law of the petitioner had committed suicide by hanging in the tree so the merg intimation was given by son of deceased Jeevan Kumar Sahu and the Police of Police Station, Kasdol has registered the merg No. 52/2018 and prepared the Panchnama thereafter send the body for postmortem and also recorded the merg statement of the witnesses in which they have stated that there is dispute between the applicant and her wife, therefore, deceased who is father-in-law has committed suicide. The postmortem was conducted by the Autopsy Surgeon and given the report that death is due to asphyxia due to hanging time of death is 12-14 hours and nature of death is suicidal. The incident was taken place on 07/05/2018 and the merg was registered on 08/05/2018 and after about one month of the incident on 08/06/2018 police of Police Station, Kasdol registered the FIR of Crime No. 161/2018 against the petitioner because the complainant and other witnesses have stated that on 05/05/2018 deceased Hariram Sahu came to the house of petitioner situated at village Chhechhar and on 07/05/2018 he was returning to his village and committed suicide, further they have leveled the allegation that the wife of the applicant Gayatri Sahu is suffering from mental disease and applicant and his family members have threatened them and due to the said reason petitioner left his wife therefore deceased has committed suicide.

3. After registration of FIR, petitioner came to know about the criminal case then he applied for anticipatory bail before the Court of Session thereafter before this Hon'ble High Court and vide order dated 13/07/2018 this Court allowed the application for grant of anticipatory bail.

4. The Police of Police Station, Kasdol has investigated the matter and recorded the statement of the witnesses and also asked query from the doctor who conducted the postmortem and doctor has given the report on 31/10/2018 mentioning that the marks whatsoever found in the body was not sufficient to cause death and these marks can be received in transporting the body. The witnesses have stated that there is dispute between the petitioner and his wife Smt. Gayatri and due to said dispute deceased has committed suicide as the petitioner threatened to left his wife looking to her mental condition.

5. The Police after completing the investigation without consider the ingredients of offence under Section 306 of IPC which is mentioned under Section 107 of IPC which relates to abatement file the charge-sheet mentioning that after the mental disease of Gayatri there is some dispute between the petitioner Dataram and deceased Hariram and petitioner has abuses him, therefore, Hariram has committed suicide.

6. If the material available in the charge-sheet which collected by the prosecution during the investigation is considered as it is no offence of abatement to commit suicide is not made out against the petitioner and the petitioner has raised the argument at the time of framing