Chhattisgarh High Court
ACQA/65/2021 of STATE OF CHHATTISGARH Vs SANDEEP DAS MAHANT on 27 July 2026
2026:CGHC:32254-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 65 of 2021 1 - State Of Chhattisgarh Through Police Station Kotwali, Korba District Korba Chhattisgarh ... Appellant versus 1 - Sandeep Das Mahant S/o Ramsipahi Das Aged About 23 Years R/o Village J. P. Colony,
CGHC010071462021
2026:CGHC:32254-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
ACQA No. 65 of 2021
1 - State Of Chhattisgarh Through Police Station Kotwali, Korba District Korba Chhattisgarh
... Appellant
versus
1 - Sandeep Das Mahant S/o Ramsipahi Das Aged About 23 Years R/o Village J. P. Colony, Ramnagar, Police Chowki Manikpur, Korba District Korba Chhattisgarh 2 - Sipahi Das S/o Ramudas Mahant Aged About 55 Years R/o Village J. P.
Colony, Ramnagar, Police Chowki Manikpur, Korba District Korba Chhattisgarh 3 - Smt. Chanda Bai W/o Ramsipahi Mahant Aged About 52 Years R/o Village
J. P. Colony, Ramnagar, Police Chowki Manikpur, Korba District Korba Chhattisgarh
... Respondents
For Appellant/State
:
Shri Vinod Tekam, Govt. Advocate.
For Respondents
:
None.
DB: Hon’ble Shri Justice Sanjay S. Agrawal &
Hon’ble Shri Justice Narendra Kumar Vyas Judgment on Board Per Sanjay S. Agrawal, J
28/07/2026
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1. This appeal has been preferred by the appellant/State questioning the legality and propriety of the judgment dated 31.05.2018 passed by the learned Sessions Judge, Korba, District Korba (C.G.) in Sessions Trial No.13/2017, whereby the respondents have been acquitted with regard to the offence punishable under Sections 304-B of IPC, in alternatively under Section 306 and Section 302 IPC read with Section 34 IPC.
2. From perusal of the record, it appears that the respondents have been charge sheeted with regard to the offence as mentioned herein-above on the allegation that after the marriage of the deceased – Varsha Singh with respondent No.1 – Sandeep Das Mahant on 19.02.2015, she was harassed and maltreated by her husband and, in-laws, the respondents herein, on account of the demand of cash amount, owing to which, she consumed poisonous medicine with the intention of committing suicide.
3. Although, it is alleged by the prosecution that the deceased has committed suicide because of the alleged harassment and maltreatment by her husband, father-in-law and mother-in-law, but it appears from perusal of the record that she consumed an excessive quantity of medicine on 18.07.2016 at night, as a result of which, she was feeling uncomfortable and was, therefore, admitted into the hospital on 19.07.2016 and during the course of her treatment, she died on 20.07.2016. The autopsy of her dead body was conducted by
Dr. Ghanshyam Diwan (PW-10), but as revealed from report (Ex.P.-17), he was unable to give any definite opinion, regarding cause of her death and, the viscera (piece of stomach, small intestine, large intestine + piece of heart, lungs, liver, spleen, kidney) was sent for chemical examination where “Phenytoin” used for epilepsy was deducted as evidenced from the FSL (unexhibited) report and, according to the statement of Dr. Ashish Kumar Agrawal (PW-14), it appears that she had consumed the expired medicine.
4. Rimjhim Singh (PW-3) is the sister of the deceased and, according to her statement, it appears that she was living with her husband and in- laws’ cordially for five-six months and thereafter, she was being harassed and maltreated as she had entered into a love marriage with respondent No.1 – Sandeep Das Mahant and also because she belonged to a different caste. It appears further from paragraph 8 of her testimony that she came to know later on, that her sister has died after consuming anti-epileptic medicine and a doubt was raised that the alleged medicine has been administered by her in-laws.
5. Pushpa Devi (PW-4) is the mother of the deceased and, according to her evidence, it appears that her daughter was living happily with her husband at her in-laws’ house for few months, but thereafter she was being harassed by her husband and in-laws on account of demand of cash amount. It appears further from her testimony that she had given a sum of Rs.30,000/- in cash after borrowing from others, for the purchase of a sewing machine, but was unable to specify when it was given to them, as revealed from paragraph 9 of her testimony. It is to be seen further that the marriage of her daughter was solemnised on
19.02.2015, but as revealed from her paragraph 10 of her testimony, she never lodged the report that her daughter was being harassed and maltreated by them on account of demand for cash amount, nor had informed her husband (PW-13) about the alleged harassment and maltreatment of their daughter and, who came to know regarding the sad demise of his daughter only on 20.07.2016 from his another daughter, namely, Rimjhim Singh (PW-3), nor was he aware how his daughter has committed suicide.
6. In absence of any cogent and reliable evidence led by the prosecution and even in absence of any report lodged by deceased’s parents that she was harassed and maltreated by her husband and in-laws, it, therefore, cannot be held that she died because of the alleged allegation of demand of cash amount and, the trial Court has, therefore, not committed any illegality in acquitting the respondents from commission of the alleged crime.
7. The appeal being devoid of merit is accordingly dismissed at the admission stage itself.
Sd/- Sd/- (Sanjay S. Agrawal) (Narendra Kumar Vyas) JUDGE JUDGE Nikita