2026:CGHC:17453 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by SANTOSH SANTOSH KUMAR KUMAR SHARMA CRA No. 438 of 2005 SHARMA Date:

2026.04.17

10:38:18 +0530 Judgment reserved on 30.03.2026 Judgment delivered on 16.04.2026 Mahesh Sahu S/o. Parru Sahu, Aged about 28 Years, R/o. Village Bhuthiya, Police Station- Saraipali, District Mahasamund (CG)

... Appellant (s)

versus State Of Chhattisgarh Through Police Station – Saraipali, District Mahasamund (CG) ... Respondent(s)

Hon’ble Shri Justice Narendra Kumar Vyas

CAV Judgment

1. This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 26.04.2004 passed by Second Additional Sessions Judge, Mahasamund, District Mahasamund (C.G.) in Sessions Trial No. 3 of 2005, wherein the said court convicted the appellant for commission of offence under Section 498-A IPC and sentenced him to undergo R.I. for 3 years and to pay fine of Rs. 1,000/-

in default of payment of fine to undergo further R.I. for two months.

2. Case of the prosecution, in brief is that, merg intimation No. 66 of 2004 (Ex.P-8) under Section 174 CrPC was registered by the husband of the deceased at Police Station Saraipali District Mahasamund as the deceased committed suicide by pouring kerosene oil on her body. On the basis of said merg intimation, FIR (Ex.P-9) under Section 304-B of the IPC was registered against the appellant and started investigation in the matter. During investigation, it was informed him by the witnesses that the marriage of the deceased was solemnized with the appellant seven years ago from the date of incident. After marriage, relationship of the appellant and the deceased was not cordial and the victim was subjected to harass physically and mentally by the appellant. The appellant abused and assaulted the victim on and often, therefore, the victim was compelled to commit suicide by the appellant. On 08.11.2004 at about 1. PM, the victim committed suicide by pouring kerosene oil over her body and set her in blaze at her matrimonial house. After the incident, she was admitted to Community Health Centre, Saraipali for treatment. Dying declaration of the victim was recorded (Ex.P-6) by the Nayab Tahsildar (PW-9) and thereafter, victim was referred to Raipur Hospital for further treatment and on the way she died. The dead body of the victim was sent for postmortem (Ex.P-7 A) and doctor who conducted postmortem of the dead body of the deceased has opined that the cause of death was due to Asphyxa by burn (Ex.P-7).

Investigating officer prepared the spot map (Ex.P-5) and started the investigation.

3. After completion of the investigation, charge sheet was filed before the Court of Judicial Magistrate First Class, Saraipali for commission of offence under Section 306 IPC, who in turn committed the case to the Court of Second Additional Sessions Judge, Mahasamund, which was registered as Sessions Case No. 03 of 2005. The learned Additional Session Judge has framed the charges under Section 498-A and 306 of the IPC for abetment of suicide.

4. The prosecution in order to prove the guilt of the appellants examined 11 witnesses Satyanand Pradhan (PW-1), Kabiraj (PW-2), Ghasiram (PW- 3), Markandya Bhoi (PW-4), Nayan (PW-5), A.R. Thalen (PW-6), Patwari Santosh Kumar (PW-7), K.L. Verma (PW-8), Dr. Shrikant Shukla (PW-9), Hemchand Verma (PW-10), Dr. S. Negi (PW-11) and exhibited the documents from Ex.P-1 to Ex.P-19. Statements of the accused/appellant were recorded under Section 313 CRPC in which he denied the allegation made against him and pleaded his innocence and false implication in the case. The appellant did not examine any witnesses in his support.

5. After hearing the parties, learned Sessions Judge on the basis of material on record and upon considering the statements of the witnesses has passed acquitted the accused for commission of offence under Section 306 of the IPC but convicted the appellant for commission of offence under Section 498-A IPC an