2026:CGHC:12601-DB Digitally signed by NAFR AKHILESH AKHILESH BEOHAR BEOHAR Date:

2026.03.18 HIGH COURT OF CHHATTISGARH AT BILASPUR

17:55:30 +0530 ACQA No. 378 of 2018 • State of Chhattisgarh, Through- Police Station Champa, District-

Janjgir-Champa, Chhattisgarh. ...Appellant versus • Ramesh Khare @ Ramesh, S/o Radheshyam Khare, aged about 33 Years, R/o- Village Kosmanda, Police Station Champa, District- Janjgir- Champa, Chhattisgarh. ... Respondent For Appellant/State : Mr. Avinash Singh, Government Advocate.

For Respondent : None.

Hon'ble Smt. Justice Rajani Dubey and Hon'ble Shri Justice Radhakishan Agrawal Judgment on Board

17.03.2026 Per Radhakishan Agrawa l , J .

Heard on admission.

1. The present acquittal appeal, preferred by the appellant/State, arises out of the judgment dated 06.07.2017 passed by the learned Additional Sessions Judge (F.T.C.), Janjgir, District Janjgir-Champa (C.G.) in Sessions Trial No. 251/2014, whereby the accused/respondent has been acquitted of the charge under Section 304-B of Indian Penal Code (for short, ‘IPC’) in alternative under Section 302 of IPC, by extending the benefit of doubt.

2. Case of the prosecution, in brief, is that deceased- Meera @ Rani, was married to the respondent about seven to eight years prior to the date of the incident, and out of the said wedlock, two children were born. According to the prosecution, after the marriage, the accused/respondent used to subject the deceased to physical as well as mental cruelty by taunting her for belonging to a poor family and for not bringing sufficient dowry and also used to quarrel with her after consuming liquor. It is the case of the prosecution that on 16.04.2014, in village Kosmanda, within the jurisdiction of Police Station Champa, the deceased sustained extensive burn injuries in her matrimonial home. She was immediately taken to Government Hospital, Champa, and thereafter referred to CIMS Hospital, Bilaspur for advanced treatment. During the course of treatment, her dying declaration (Ex.P-6) was recorded after due medical certification, wherein she stated that after a quarrel with her husband/respondent, who had come home in an intoxicated condition and was beating her and the child, she herself poured kerosene oil and set herself on fire, and further stated that no one had set her ablaze. Thereafter, despite treatment, the deceased succumbed to her burn injuries on 20.04.2014 at about

9:45 a.m.

3. During the course of investigation, merg intimation was recorded vide Exs. P-10 and P-12, and thereafter, FIR (Ex.P-16) was registered against the accused/respondent. Inquest proceedings were conducted vide Ex.P-3, and the dead body of the deceased was sent for post- mortem examination. PW-12 Dr. Sunil Kumar Pendro, conducted the post-mortem and submitted his report (Ex.P-17), opining that the cause of death was septic shock resulting from cardio-respiratory failure due to burn injuries. Burnt hair, skin, clothes of the deceased and other articles were seized vide Exs. P-14 and P-15. Seized articles were sent to FSL for chemical examination and the FSL report has been brought on record vide Ex.P-21. Statements of witnesses were recorded, and the accused/respondent was arrested vide Ex.P-18.

4. After completion of investigation, charge sheet was filed against the accused/respondent before the competent trial Court. The accused/respondent denied the allegations, pleaded not guilty and prayed for a trial.

5. The trial Court, after hearing counsel for the parties and appreciating the evidence on record, by the impugned judgment acquitted the accused/respondent herein of said charges leveled against him.

6. Learned counsel for the appellant/State submits that the learned trial Court has erred in acquitting the accused/respondent by recording perverse findings. It is contended that the evidence on record clearly shows that the after marriage and soon before her death, deceased was repeatedly subjected to cruelty and harassment by the accused/resp