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2026:CGHC:4823

Digitally signed

SAGRIKA b Ay G RSA AG WR AI LKA

AGRAWALDate:

2026.02.26

17:33:44 +0530 NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

ACQA No. 468 of 2025

1 - Manharan Kariyare S/o. Lt. Tularam Kariyare, Aged About 53 Years R/o

Hanuman Chowk, Deori, P.S. Saragaon, District Janjgir Champa (C.G.)

... Appellant(s)

versus

1 - State Of Chhattisgarh Through Officer In-Charge, P.S.- Civil Lines, Korba,

District Korba (C.G.)

2 - Anita Khare, W/o Lt. Vinod Kariyare, Aged About 35 Years R/o Pali, Ward No. 11,

P.S.- Pali, District Korba (C.G.)

... Respondent(s)

For Appellant (s) : Mr. R. L. Rajak, Advocate

For State : Mr. Ashutosh Trivedi, Panel Lawyer

S.B. Hon'ble Shri Justice Ravindra Kumar Agrawal

Order on Board

28.01.2026

1. Present is an acquittal appeal filed by the complainant under Section 413 of

B.N.S.S., 2023, against the impugned judgment of acquittal dated 30.08.2025

passed by learned Special Judge under the SC/ST (Prevention of Atrocities)

Act, Korba, in Sessions Case No. 57/2024, whereby the respondent No. 2/

Accused has been acquitted of the offence of Section 306 of IPC.

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2. Brief facts of the case are that the deceased Vinod Kariyare has committed

suicide by consuming poison (pesticide) on 01.10.2023 in his house at New

Rajaswa Colony, Rampur, and he died during treatment on 14.10.2023 at

Apollo Hospital, Bilaspur. Merg was informed to the police, and during the

investigation, statements of the witnesses were recorded. During the

investigation, it was revealed that the deceased was married to the

respondent No. 2/ accused for 5-6 months, and his wife was harassing him

for one or other reason and threatened him to involve him in any false case.

FIR was registered against the respondent No. 2/ accused for the offence

under Section 306 of IPC, and after the completion of the usual investigation,

charge-sheet was filed before the learned Chief Judicial Magistrate, Korba.

The case was committed to the learned Sessions Judge, Korba, from where

the same has been transferred to the learned trial Court.

3. The learned trial Court framed the charge for the offence under Section 306

of IPC, which the respondent No. 2 denied and claimed trial. The prosecution

has examined as many as 19 witnesses. Statement of the respondent No. 2/

accused has been recorded in which she denied the circumstances that

appear against her, pleaded innocence and has submitted that she has been

falsely implicated in the offence. One defence witness, Virendra Kumar Khare

(DW/1), has been examined by the respondent No. 2/ accused.

4. After appreciation of oral as well as documentary evidence led by the

prosecution, the learned trial Court acquitted respondent No. 2 from the

alleged offence of Section 306 of IPC holding that the deceased was indebted

for a huge sum of Rs. 16 lakhs which may be one of the reasons to commit

suicide and looking to his condition at the time when he was admitted to the

hospital, making statement to the witnesses is doubtful and the ingredients of

abatement to commit suicide is missing. Hence, this acquittal appeal.

5. Learned counsel appearing for the appellant would submit that the

prosecution has proved its case beyond reasonable doubt. There is sufficient

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and overwhelming evidence against the respondent No. 2/ accused that, by

the continuous course of her conduct and harassment of the deceased, he

committed suicide, which was the direct cause of his death. The deceased

was alive for about 14 days and made an oral dying declaration to the

witnesses, which clearly demonstrates the instigation to commit suicide. He

would further submit that within short span of time of her marriage the

respondent No. 2/ accused created pressure upon the deceased for various

reasons like handing over the entire salary to her, not to go to his ancestral

house, threatened him that she will commit suicide etc. the deceased was

having no any alternative option but to take his life and the conduct of the

respondent No. 2/ accused lead to a finding of mens-rea and then th