2026:CGHC:20607 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 417 of 2011

1 - Ashwani Suryawanshi, S/o. Ram Rattan, Aged about 26 years, R/o.

Village Beltara, Police Station- Ratanpur District- Bilaspur C.G.

... Appellant versus

1 - State of Chhattisgarh through the Station House Officer, Police Station Ratanpur, District Bilaspur (C.G.)

... Respondent(s)

For Appellant : Ms. Sangeeta Mishra, Advocate through Legal Aid For Respondent(s) : Mr. Siddhant Tiwari, Panel Lawyer Hon’ble Smt. Justice Rajani Dubey Judgment on Board

04/05/2026

1. The present appeal has been filed under Section 374(2) of the Code of Criminal Procedure, 1973, assailing the judgment of conviction and order of sentence dated 26.05.2011 passed by the learned 5^th Additional Sessions Judge, Bilaspur (C.G.) in Sessions Trial No.

156/2009. By the said judgment, the appellant has been convicted for the offence punishable under Section 498 (A) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of 3 months along with a fine of Rs. 200/-. In default of payment of fine, the appellant has been directed to further undergo rigorous imprisonment for a period of three months.

2. Case of the prosecution is that on 29.04.2009, a written complaint was submitted before the Station House Officer, Bilaspur, by the complainant, Suresh Kumar Laskar. In the said complaint, it was alleged that his sister, Smt. Seema Bai had been married to Ashwani Kumar and was initially living a normal matrimonial life. However, approximately one year prior to the incident, the accused and his family members subjected her to physical assault and harassment in connection with unlawful demands for dowry. It was further alleged that she was beaten and forcibly driven out of her matrimonial home. Subsequently, a Panchayat intervened in the matter, but despite such intervention, the harassment continued. Two days prior to the incident, the deceased was allegedly publicly assaulted near a pond. Owing to such continuous cruelty and humiliation, the deceased either set herself ablaze or was set on fire under circumstances raising grave suspicion. She was admitted to the hospital (SIMS) on 28.04.2009 and succumbed to her injuries on 29.04.2009. Information regarding her death was thereafter communicated to her family. On the basis of the aforesaid complaint (Ex.P/2) and merg intimation (Ex.P/14), the Police Station Ratanpur initiated proceedings and prepared an inquest (Panchayatnama) (Ex.P/3) in the presence of witnesses. The post- mortem examination was conducted vide report (Ex.P/10). Thereafter, a First Information Report bearing Crime No. 268/2009 was registered under Section 304B of the Indian Penal Code against the accused (Ex.P/18) and investigation was set into motion. During investigation, seizure proceedings were carried out in accordance with law, statements of witnesses were recorded and a spot map (Ex.P/7) was prepared. The accused was arrested vide arrest memo (Ex.P/15) and the seized articles were forwarded for forensic examination through the Superintendent of Police, Bilaspur. Upon completion of investigation, a charge-sheet was filed before the Court of Judicial Magistrate First Class, Kota. The case was thereafter committed to the Court of Sessions, Bilaspur, on 10.08.2009 under Section 209 of the Code of Criminal Procedure, where it was registered as Sessions Case No. 170/2009 and subsequently transferred to the competent Sessions Court for trial and disposal. The Trial Court framed charge against the appellant under Section 304-B of the Indian Penal Code, to which the appellant denied the charges, pleaded not guilty and claimed to be tried.

3. In order to substantiate its case, the prosecution examined 16 witnesses. The statement of the accused/appellant was recorded under Section 313 of the Code of Criminal Procedure, wherein he denied all incriminating circumstances put to him and pleaded false implication and innocence. No defence witness was examined