2026:CGHC:7939 Digitally signed NAFR by ALOK ALOK SHARMA SHARMA Date:

2026.03.09

11:00:28 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 424 of 2024

1 - State Of Chhattisgarh Through Police Station Kotraroad, Raigarh (C.G.)

... Appellant(s)

versus

1 - Ajay Sharma S/o Omprakash Sharma Aged About 38 Years R/o Kharakkela District Bhivani, Haryana.

2 - Rajesh Sharma S/o Omprakash Sharma Aged About 28 Years R/o Kharakkela District Bhivani, Haryana.

3 - Smt. Santoshi Devi W/o Omprakash Sharma Aged About 58 Years R/o Kharakkela District Bhivani, Haryana.

4 - Omprakash Sharma S/o Surajman Sharma Aged About 62 Years R/o Kharakkela District Bhivani, Haryana.

5 - Amit Sharma S/o Omprakash Sharma Aged About 34 Years R/o Kharakkela, District Bhivani, Haryana.

6 - Praveen Sharma S/o Omprakash Sharma Aged About 26 Years R/o Kharakkela District Bhivani, Haryana.

... Respondent(s)

For Appellant/State : Mr. Rohan Shukla, Panel Lawyer.

For Respondent(s) : Mr. U. K. Singh Chandel, Advocate.

Hon'ble Shri Justice Ravindra Kumar Agrawal, J.

Order on Board

12/02/2026

1. The present is an acquittal appeal under Section 378 (3) of the Cr.P.C.

filed by the Appellant/State against the impugned judgment of acquittal dated 17.05.2019 passed by learned 5^th Additional Sessions Judge, Raigarh (C.G.) in Sessions Case No. 108/2015, whereby the respondent/accused persons have been acquitted from the offence under Section 498-A and 306 of IPC.

2. The brief facts of the case are that on 05.08.2015 at about 8:45 AM, a report was lodged at Police Station Kotraroad, Raigarh, Chhattisgarh. It was reported that the accused persons had quarreled with the deceased Alka and harassed her by making allegations regarding her character. Being distressed by such harassment, she locked herself inside the bedroom at night and slept with her two children. In the morning, when her health deteriorated, she was admitted to the hospital, where the doctor declared her dead. The deceased’s brother, Pawan Sharma, and Ram Mehar stated that Alka was being beaten and harassed by her husband, mother-in-law, father-in-law, and brothers-in- law in connection with dowry demands. Suspicion was specifically expressed against her husband Ajay Sharma and her brother-in-law Shalu alias Rajesh Sharma for assaulting her and causing her death. On the basis of the complainant’s report, an offence was registered and taken up for investigation. After completion of the investigation, Charge Sheet No. 232/15 was filed against the accused persons under Sections 498A and 306 of the Indian Penal Code.

2. The learned trial court has framed the charge against the accused persons for the offence under Sections 498-A and 306/149 of IPC and they denied the charge and claimed trial.

3. In order to prove the charge against the accused persons, the prosecution has examined as many as 24 witnesses. Statement of the respondent/ accused persons under Section 313 of Cr.P.C. have also been recorded in which they denied the circumstances appear against them, pleaded innocence and submitted that they have been falsely implicated in the offence. One defence witness has been examined by the accused persons.

4. After appreciation of the oral as well as the documentary evidence produced by the parties, the learned trial court has acquitted the respondent/ accused persons from the alleged offence holding that the prosecution has failed to prove its case beyond reasonable doubt and there are sufficient evidence with respect to the abetment to commit suicide or instigation. Hence this acquittal appeal.

5. Learned counsel for the appellant/ State would submit that the prosecution has proved its case beyond reasonable doubt. There are overwhelming evidence against the respondent/ accused persons that they instigated the deceased to commit suicide and there are ample evidence to abatement to commit suicide. He would also submit that from the evidence of PW-11 Usha Rani, PW-12 Jitendra Kumar, PW-13 Ram Mehar, PW-14 Sudesh Pal, PW-15 Pawan Kumar Sharm