2026:CGHC:12921-DB RAVVA UTTEJ KUMAR RAJU NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 147 of 2019 State of Chhattisgarh, through its Station House Officer, Police Station-

Abhanpur, District- Raipur (C.G.)

... Appellant Versus

1 - Krishna Sahu, S/o Chatru Ram Sahu, aged about 30 years, R/o Village Kanhera, Police Station- Abhanpur, District- Raipur (C.G.).

2 - Om Parkash Sahu, S/o Sewak Ram Sahu, aged about 37 years, R/o Village- Dharampura, Sahara India Chowk, Police Station- Mana Camp, Raipur, District- Raipur (C.G.).

3 - Girvar Sahu, S/o Om Parkash Sahu, aged about 29 years, R/o Village Dutkarea (Khapri), presently residing at near Chhattisgarh Gramin Bank, Santoshi Nagar, Raipur, District- Raipur (C.G.).

4 - Chatru Ram Sahu, S/o Punauram Sahu, aged about 60 years, R/o Village-

Kanhera, Police Station- Abhanpur, District- Raipur (C.G.)

... Respondents (Cause title is taken from Case Information System Software)

For State/ Appellant : Mr. Ramnarayan Sahu, Dy. G.A.

For Respondents : Mr. Navin Shukla, Advocate.

Hon’ble Smt. Justice Rajani Dubey, J.

Hon’ble Shri Justice Radhakishan Agrawal, J.

Judgment on Board

18.03.2026 Per , Rajani Dubey, J.

1. The present appeal has been preferred by the appellant/State against the judgment dated 03.07.2018 passed by the learned Third Additional Sessions Judge, Raipur, District- Raipur (C.G.) in Sessions Case No. 216/2017, whereby the learned trial Court acquitted the accused/respondents of the charges under Sections 498-A, 304-B/34 in alternate Section 302/34 (two times) and Section 306/34 of IPC.

2. Brief facts of the case as unfolded from the impugned judgment and records is that a F.I.R. No. 245 was registered under Section 304B of IPC on 28.07.2017 at 19:30 wherein it was mentioned that on 24.07.2017, a morgue intimation was lodged by Vyasnarayan in respect of death of Kuleshwari Sahu and her 2^1/2 years old son due to hanging. The dead body panchnama was conducted by the Executive Magistrate in the presence of the family members of the deceased from paternal side and during morgue proceedings, the statements of Dilip Sahu, Loknath Sahu, Khilawan Sahu, Pankaj Sahu & Gopal Sahu (father of the deceased) were recorded. After the marriage of the deceased, the husband of the deceased, father-in-law, brother-in-law Om Parkash Sahu & Girvar Sahu, in furtherance of their common intention, used to torture Kuleshwari Sahu in connection with demand of dowry. The postmortem of the dead body was conducted. The deceased killed her 2^1/2 years baby child Umang Sahu and thereafter, she herself committed suicide.

3. After completion of due and necessary investigation, charge-sheet was led before the concerned jurisdictional Magistrate who, in turn, committed the case for trial. On the basis of the material contained in the charge-sheet, learned trial Court acquitted the accused/respondents of charges punishable under Section 498A, 304-B/34 and alternative charges of 302/34 (two times and Section 306/34 of IPC against which the present appeal has been filed by the State/appellant.

4. Learned counsel for the appellant/State submits that though the scope of interference with the order of acquittal is very much limited but on the other hand, the appellate Court is vested with wide powers of re appreciation of the evidence in the matter. It is the settled position of law that, if reappraisal of the evidence goes to show that the finding of acquittal recorded by the trial Court is unjust and perverse then the appellate Court is empowered to set aside the same and reverse the order of acquittal and convict the accused appropriately. The learned trial Court has erred by acquitting the respondents of the offences charged. It is respectfully submitted that in the peculiar facts and circumstances of the case, the conduct of the respondents proves their ill intention and, therefore, they ought to have been convicted appropriately by the learned trial Court. The Learned Trial Court has failed to appreciate he facts and mater