NAFR Digitally signed by HIGH COURT OF CHHATTISGARH AT BILASPUR AKHILESH AKHILESH BEOHAR BEOHAR Date: ACQA No. 94 of 2021

2026.02.26

14:29:52 +0530 Judgment Reserved on 23.02.2026 Judgment Delivered on 26.02.2026 • State of Chhattisgarh, Through its Station House Officer, Police Station City Kotwali, Jagdalpur, District Bastar, Chhattisgarh.

...Appellant versus

1. Gunesh Kumar, S/o Late Tulsi Ram Panigrahi, aged about 41 Years, 2. Jeevan Kumar, S/o Late Tulsi Ram Panigrahi, aged about 50 Years, 3. Smt. Sunanda, W/o Jeevan Kumar Panitrahi, aged about 43 Years, 4. Smt. Babita, W/o Laxminath Mishra, aged about 46 Years, Respondent Nos. 1 to 4 are residents of Purana Para, Aasna, Police Station City Kotwali, Jagdalpur, District Bastar, Chhattisgarh.

5. Smt. M. Reeta Rao, W/o M. Bharat Rao. aged about 39 Years, Resident of Forest Colony, Jagdalpur, District Bastar, Chhattisgarh.

6. Smt. Chitrani Komra, W/o Ashok Komra, aged about 42 Years, R/o Goswami Gali, Kumhar Para, Jagdalpur District Bastar Chhattisgarh.

7. M. Bharat Rao, S/o M. Appal Raju, aged about 46 Years, R/o Forest Colony, Kumhar Para, Jagdalpur, District Bastar Chhattisgarh.

8. Ashok Komra, S/o Late Dhanraj Komra, aged about 42 Years, R/o Banskot, Tehsil Vishrampuri, District Kondagaon Chhattisgarh. Presently Residing at Goswami Gali, Kumhar Para, Jagdalpur, District Bastar Chhattisgarh.

... Respondents Hon’ble Smt. Justice Rajani Dubey &

Hon’ble Shri Justice Radhakishan Agrawal

CAV Judgment

Per Radhakishan Agrawal, J.

1. This appeal against acquittal, preferred by the Appellant/State, arises out of the judgment dated 23.10.2019 passed by the learned Third Additional Sessions Judge, Bastar at Jagdalpur, Chhattisgarh, in Sessions Trial No. 11/2014, whereby the learned trial Court acquitted the accused persons/respondents herein of the charge under Section 304-B read with Section 34 of Indian Penal Code (for short, “IPC”).

2. Case of the prosecution, in brief, is that deceased- Vijeta Panigrahi was married to accused/respondent No.1- Gunesh Kumar on 14.12.2012. After marriage, she started residing in her matrimonial home at Jagdalpur. It is alleged that soon after marriage she was subjected to cruelty and harassment by her husband/respondent No.1 and his family members on account of insufficient dowry. On 17.10.2013, between 7:30 a.m. and 9:30 a.m., she committed suicide by jumping into river Indravati.

3. During the course of investigation, merg intimations were recorded vide Exs.P-2 and P-21, pursuant to which, FIR (Ex.P-22) was registered against the accused persons/respondents. Thereafter, inquest proceedings were conducted vide Ex.P-8, and the dead body of the deceased was sent for postmortem examination, which was conducted by PW-16 Dr. Pawan Tekade, who submitted his report vide Ex.P-18. According to PW-16 Dr. Pawan Tekade, the cause of death of deceased was drowning. From the spot, one Honda Activa, a yellow-coloured cloth, one pair of slippers, and one plastic bottle were seized vide Exs. P-10 and P-17. Vide Ex.P-23, the body parts of the deceased, preserved in a sealed container containing a salt solution, were seized. The seized articles were sent to the FSL for chemical examination and the FSL report has been brought on record vide Ex. P-25.

4. Statements of the witnesses were recorded and after completion of the investigation, a charge sheet was filed against the accused persons/respondents before the concerned Trial Court. The accused persons/respondents abjured their guilt and prayed for trial.

5. The trial Court, after hearing counsel for the parties and appreciating the evidence on record, by the impugned judgment acquitted the accused persons/respondents herein of said charge leveled against them.

6. Learned counsel for the Appellant/State submits that the learned trial Court is unjustified in acquitting the accused persons/respondents herein of said charges by recording perverse findings. He further submits that the evidence available on record clearly shows that afte