Digitally signed by SAGRIKA SAGRIKA AGRAWAL AGRAWAL Date:

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053 0 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 656 of 2024

1 - State Of Chhattisgarh Through The Incharge, Police Station Kusmunda, District Korba Chhattisgarh.

... appellant (s)

versus

1 - Dhansai Sahu S/o Late Tijram Sahu Aged About 52 Years R/o Village Gumpa, Post Office Hardibazar, Police Station Kusmunda, District Korba Chhattisgarh.

2 - Sanjay Sahu S/o Dhansai Sahu Aged About 22 Years R/o Village Gumpa, Post Office Hardibazar, Police Station Kusmunda, District Korba, Chhattisgarh.

3 - Smt. Guruvarin Bai W/o Dhansai Sahu Aged About 47 Years R/o Village Gumpa, Post Office Hardibazar, Police Station Kusmunda, District Korba Chhattisgarh.

4 - Smt. Anita Sahu W/o Shiva Sahu Aged About 22 Years R/o Village Gumpa, Post Office Hardibazar, Police Station Kusmunda, District Korba Chhattisgarh.

5 - Smt. Anupa Sahu W/o Prahlad Sahu Aged About 28 Years R/o Village Gumpa, Post Office Hardibazar, Police Station Kusmunda, District Korba, Chhattisgarh.

... Respondent(s)

For appellant (s) : Mr. Ashutosh Trivedi, Panel Lawyer For Respondent(s) : None S.B. Hon'ble Shri Justice Ravindra Kumar Agrawal

Order on Board

24.02.2026

1. The present is an acquittal appeal under Section 378 (1) of the Cr.P.C.

filed by the State against the impugned judgment of acquittal dated 04.12.2018 passed by learned Additional Sessions Judge, Katghora, Dist- Korba in Sessions Trial No. 5/2017 whereby the respondent accused persons have been acquitted from the offence under Section

306/34 and 323/34 of IPC.

2. The brief facts of the case are that on 12.09.2016, the deceased had gone to the house of the respondent/ accused persons without informing her parents, but the respondent/ accused persons do not accept her. When the parents of the deceased were in search of her, they found her outside of the house of the accused persons and she was crying there. When they asked from the deceased about the reason of her cry, she disclosed that she was in love affair with the respondent No. 2 Sanjay and on being his call, she came there but they found the deceased in the house of the accused persons and when they asked to came back, she refused, by saying that she wanted to marry with the accused Sanjay and wanted to reside with him and then the parents of the deceased returned back to their house. At about 5 pm, the parents of the deceased was informed by the villagers that the deceased was setting outside of the house of the accused persons and crying. When they again went there they found their daughter crying and then she informed that the mother, sister, father and sister-in-law of Sanjay has assaulted her and thrown her out from their house. She was depressed and somehow, they convinced her and took her back. On the next day i.e. 13.09.2016 at about 3 pm, she committed suicide by setting her ablazed by pouring kerosene oil in her parents house. The family members somehow extinguished fire and took her to district hospital, Korba. While shifting from Korba to Bilaspur hospital, she died on the way at about 9.30 pm. At the time when deceased was admitted at Korba hospital, dying declaration was recorded by the Executive Magistrate Smt. Karuna Aher (PW/8). Murg was intimated to the Police. The dead body of the deceased was sent for its postmortem to District Hospital, Korba, where postmortem of the dead body of the deceased was conducted by Dr. O.S. Kawar (Pw/10) who gave the postmortem report (Ex-P/9). While conducting the postmortem, the doctor has noticed 99% burn injuries and opined that cause of death is shock due to 99% burn and it was suicidal in nature. Statement of the witnesses under Section 161 of Cr.P.C. were recorded and after completion of usual investigation, charge-sheet was filed before the learned Judicial Magistrate, First Class, Pali, Dist- Korba. The case was committed to the court of learned Session Judge, Korba from where it has been transferred to the learned trial