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2026:CGHC:10716-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

BABLU

RAJENDRA

BHANARKAR

D BAig Bit La Ull y R s Aig JEn Ned D b Ry A ACQA No. 413 of 2010

BHANARKAR

Date: 2026.03.02

17:19:14 +0530

State Of M.P. (Now C.G.)

... Appellant

versus

1 - Sohan Das S/o Mohardas Panika, aged 23 years,

2 - Panchkunwar Bai W/o Mohardas Panika, aged 39 years,

Both resident of Dhanad Bari, P.S. Korba, District Korba

... Respondent(s)

For Appellant : Mr.S.S.Baghel, Government Advocate

For Respondents : Mr.Rahil Kochar, Advocate

Hon'ble Shri Ramesh Sinha, Chief Justice

Hon’ble Shri Ravindra Kumar Agrawal, Judge

Judgment on Board

Per Ramesh Sinha, CJ

2/3/2026

1. This acquittal appeal under Section 378(1) of the Code of Criminal

Procedure (for short, ‘Cr.P.C.) has been preferred by the

appellant/State questioning the legality and propriety of the

judgment of acquittal dated 11.07.1998 passed by the learned

Additional Sessions Judge, Korba in Sessions Case No.2 of 1996,

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whereby the learned trial Court while convicting the accused /

respondents for offence under Section 498A of the IPC acquitted

them of the charges under Sections 306 and 304B of the IPC.

2. The prosecution case, in brief, is that on 10.08.1995 at about 8:15

A.M., complainant Mohar Das, residents of village Dhanadabri,

along with the village Kotwar, lodged a report stating that on

09.08.1995 at about 10:00 P.M., a sudden fire broke out in the

house. Due to the fire, his daughter-in-law Laxmaniya Bai, wife of

Sohan Das Panika, aged about 20 years, and his granddaughter

Pulbatiya Bai, aged about 1 year, who were inside the pakka

house, were burnt and died. At that time, his son Sohan Das had

gone to the locality to sing Ramayana. When he returned and

came to know about the incident, the report was lodged.

3. On receiving the information, merg Nos. 76 and 77/95 were

registered and merg inquiry was conducted. During the merg

inquiry on 10.08.1995, witnesses were summoned and the inquest

(panchnama) over the dead body of deceased Laxmaniya Bai was

prepared (Ex.P-2). Similarly, the inquest over the dead body of

Pulbatiya Bai was prepared (Ex. P-3). Both bodies were sent for

post-mortem examination and statements of witnesses were

recorded during the merg inquiry. Thereafter, on 16.11.1995, the

Station House Officer, Inspector J.S. Bhadoria, registered the First

Information Report (Ex. P-10) at Police Station Korba stating that

on 09.08.1995 in village Dhanadabri, Laxmaniya Bai, aged about

22 years, at about 10:00 P.M. inside her house, poured kerosene

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oil upon herself and set herself on fire, as a result of which she

died due to burn injuries. Her minor daughter also died due to

burns. On receiving information on 10.8.95, Merg No.76 and

77/95 was registered in Korba Police Station and investigation

was conducted. In the investigation, it was found that deceased

Laxmaniya Bai was married to accused Sohan Das four years

ago. Four-five months after the marriage, her mother-in-law

Panchkunwar Bai and her husband accused Sohan Das used to

torture her in various ways, they used to stop her from going out

and drinking. They did not even allow her to visit to her parents

house. Even before the incident, she had expressed her desire to

go to her parents house on the occasion of Rakhi festival, but her

husband and mother-in-law did not let her to and harassed her.

Thus, both of them instigated her to commit suicide. As a result,

Lashmaniya Bai committed suicide by pouring kerosene on

herself and her daughter also got burnt. The above act of accused

Sohas Das and Panchkunwar Bai was found to be an offence

punishable under Section 306/34 of the IPC. In this way, on

finding the offence under Section 306/34 of the IPC against the

accused / respondents, offence of Ex.P-10 was registered and

during investigation of the case, statements of the witnesses were

recorded, postmortem report was obtained and after arrest of the

accused/respondents, charge-sheet was filed by the prosecution

before the competent Court for offence under Section 306/34 of