2026:CGHC:12602-DB AFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 252 of 2024 Narsingh Yadav S/o Late Jageshwar Yadav Aged About 50 Years R/o Village Dundera, P.S. Utai, Tahsil Durg, District Durg (C.G.)

... Appellant/complainant versus

1 - State Of Chhattisgarh Through P.S. Utai, District Durg (C.G.)

2 - Harishankar Yadav S/o Late Jageshwar Yadav Aged About 35 Years R/o Indira Nagar Village Dundera, P.S. Utai, Tahsil Durg, District Durg (C.G.)

... Respondents For Appellant : Mr. RK Jain, Advocate.

For Respondent No.1/State : Mr. Rishi Raj Pithwa, Dy. GA Hon'ble Smt. Justice Rajani Dubey Hon’ble Shri Justice Radhakishan Agrawal, JJ Judgment on Board (17^th March, 2026)

Per Rajani Dubey, J Challenge in this appeal is to the legality and validity of the judgment dated 23.2.2024 passed by the I Additional Sessions Judge Durg in ST No.64/2023 acquitting the respondent/accused of the charge under Section 304 of IPC by giving him benefit of doubt.

02. It is an admitted fact in this case that deceased Daneshwari was wife of Narsingh Yadav and sister-in-law (Bhabhi) of respondent No.2 accused Harishankar Yadav. As per the prosecution case, in village Dundera, the accused, Harishankar Yadav, resided with his family. He frequently engaged in quarrels, disputes, and acts of violence with his family members. On 27.12.2021 at around 8:00 PM, the accused, after entering into an altercation with his elder brother i.e. the complainant Narasingh Yadav, proceeded to assault and scuffle with the members of his brother’s family. Upon witnessing the incident, the complainant’s wife, Daneshwari, intervened in an attempt to pacify the situation. At that moment, the accused, in a fit of rage, allegedly grabbed her by the hair and pushed her. As a result, she fell into a nearby burning stove, and a kerosene-filled lamp (chimney) kept close by toppled over, causing the kerosene to spill and ignite. The flames rapidly intensified, engulfing her sari and causing severe burn injuries from the waist down to her legs. She was immediately taken for treatment to the District Hospital in Durg and was subsequently referred to D.K.S. Hospital in Raipur, where she remained under medical care. After initial treatment, she returned to her parental home in village Basin. However, during the course of treatment, she succumbed to her injuries on 8 March 2022. Based on the report lodged by the complainant, a merg inquiry was initially registered at Police Outpost Jevra Sirsa. As the incident fell within the jurisdiction of Police Station Utai, the case diary was transferred accordingly. Thereafter, Crime No. 13/2023 was registered at Police Station Utai and taken up for investigation.

03. During the course of investigation, an inquest report of the deceased was prepared, and the body was sent to the District Hospital, Durg, for post-mortem examination. After examination, the body was handed over to the relatives. A site map of the place of occurrence was prepared. The dying declaration of the deceased was recorded, in which she held her brother-in-law, Harishankar Yadav, responsible for the incident. A spot map was also prepared through the Patwari, and statements of witnesses were recorded. On the basis of the evidence collected, including the statements of witnesses and the dying declaration, the accused was arrested. Subsequently, a charge sheet was filed against him under Section 304 of IPC before the Court of the Judicial Magistrate First Class, Durg and after committal proceedings it was received on transfer for trial by the First Additional Sessions Judge, Durg.

04. Learned trial court framed charge u/s 304 of IPC against the accused which was abjured by him and he prayed for trial. To bring home the charge, the prosecution examined 13 witnesses in all. Statement of the accused was recorded under Section 313 of CrPC wherein he denied all the incriminating circumstances appearing against him in the prosecution case, pleaded innocence and false implication. In his def