In an appeal against acquittal, the appellate court should not interfere with the judgment of the trial court if it represents a legally plausible view, especially when the prosecution's evidence is inconsistent or lacks the necessary weight to prove guilt beyond reasonable doubt.

Judgment on Board

Per Rajani Dubey, J.

20/03/2026

1. Heard on admission.

2. The present appeal has been filed by the appellant assailing the judgment dated 31.05.2017 passed by the learned Sessions Judge, Korba, District- Korba (C.G.) in Sessions Trial No. 14/2017, whereby the learned trial Court acquitted the respondent/accused of the offence punishable under Section 302 of the Indian Penal Code.

3. The prosecution case, in brief, is that the deceased, Sukhmati, was residing with the accused at her matrimonial home situated in village Devbhavadi. During this period, the accused, on account of suspicion regarding the character of the deceased, used to subject her to physical assault. Owing to such ill-treatment, Sukhmati left her matrimonial home and started residing with her parents at village Baropahar. Subsequently, the accused also came and began residing at the house of the parents of the deceased. The parents of Sukhmati questioned the accused regarding his conduct of assaulting her; however, the accused did not furnish any explanation and continued to harbour suspicion regarding her character. The parents of the deceased advised and restrained the accused from further ill-treatment.

On 02.12.2016, the deceased Sukhmati, along with Saniyaro Bai and the accused Rajesh, went to the weekly market at village Dokramna for the purpose of selling Charota seeds. While returning to village Baropahar in the evening, the three halted near a stream and lit a fire to warm themselves. After some time, the accused and the deceased asked Saniyaro Bai to remain near the fire while they proceeded to fetch their belongings. They returned after approximately two to three hours. Thereafter, the deceased expressed her intention to return home; however, the accused insisted on staying there overnight. This led to a quarrel between them. During the altercation, the deceased caught hold of the accused’s shirt, which got torn. Enraged, the accused threw the deceased on the ground and assaulted her with stones and a wooden stick. He further dragged her by her leg, causing grievous injuries. Despite the deceased raising cries for help and Saniyaro Bai attempting to intervene, the accused continued the assault and ultimately caused the death of Sukhmati by repeatedly striking her with stones and a stick. Thereafter, the accused threatened Saniyaro Bai with dire consequences, including death, if she disclosed the incident to anyone. Due to fear, she remained silent and stayed near the dead body during the night. On the following day, the accused escorted Saniyaro Bai towards Baropahar and left her midway. She returned home in the evening of 03.12.2016 and informed the parents of the deceased about the incident. Upon receiving the information, the father of the deceased, along with his wife Chingibai and other villagers, proceeded to the spot and found the dead body of Sukhmati lying with multiple injuries, including severe head injuries with profuse bleeding. The matter was reported at Police Station Lemru on the next day. On the basis of the complaint lodged by Teejaram, a case was registered.

During the course of investigation, the police prepared the inquest report and the dead body was sent to Primary Health Centre, Lemru, for post-mortem examination. The Investigating Officer prepared a spot map and seized incriminating articles from the place of occurrence, including blood-stained soil, plain soil, stones, broken glass bangles, a hair belt, bangles of the accused, and currency notes. On 08.12.2016, the accused was interrogated and his memorandum statement was recorded in