Chattisgarh High Court
Ku. Chandana Mandal vs State Of Chhattisgarh on 20 August, 2025
1
2025:CGHC:41964-DB
Digitally signed
by PRAKASH
PRAKASH KUMAR
KUMAR Date:
2025.08.20
NAFR
18:24:11 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
ACQA No. 54 of 2023
Ku. Chandana Mandal, D/o Shri Manoranjan Mandal, aged about 22 years,
R/o Shyam Nagar, Agarkhar, Police Station - Darri, District - Korba,
Chhattisgarh. (Sister of Deceased/ Complainant)
... Appellant
versus
1 - State of Chhattisgarh Through - The Police Station Darri District Korba,
Chhattigarh. (Prosecution)
2 - Sujan Mallik S/o Manoj Mallik, aged about 19 years, R/o House No. 429,
Atal Awas Lata, Police Station - Darri, District - Korba, Chhattisgarh.
(Accused)
... Respondents
For Appellant : Ms. Binu Sharma, Advocate
For Respondent No.2/State : Ms. Pragya Pandey, Dy. Govt. Advocate
DB: Hon'ble Shri Justice Sanjay S. Agrawal &
Hon'ble Shri Justice Radhakishan Agrawal
Judgment on Board
Per Sanjay S. Agrawal, J
20/08/2025
1. This appeal has been preferred by the complainant/sister of the deceased
under Section 372 of the Code of Criminal Procedure, 1973 questioning the
legality and propriety of the judgment dated 06.02.2023 passed by the 2 nd
Additional Sessions Judge, Katghora, District - Korba (C.G.) in Sessions
Trial No.05/2022, whereby, the Respondent No.2 - Sujan Mallik has been
acquitted with regard to the offence punishable under Section 302 of the
Indian Penal Code, 1860.
2. According to the prosecution, an FIR (Ex.P-01) was lodged on 06.12.2021 by
the sister of the deceased - Monika Mandal before the Police Station - Darri
of District - Korba, alleging inter alia, that on 06.12.2021 at 03:00 PM when
she returned home from her duty, a telephonic information was given by the
Respondent No.2 - Sujan Mallik that he killed her sister and at that time, a
girl informed to her mother that the said Respondent has committed murder
of her daughter and upon receiving the said information, they rushed to the
spot where they have seen the deceased lying on the floor and blood was
oozing from her head.
3. In order to establish the alleged allegations, the complainant/sister of the
deceased, was examined as PW-01 and from her statement, it appears that
she received the telephonic information from the said Respondent on
06.12.2021 that he has committed murder of her sister - Monika Mandal and
deposed further that at that particular time, her mother was informed by one
Santoshi Sarthi (PW-07) that the said respondent has murdered her
daughter. It appears further from her testimony that upon receiving said
information, they rushed to the spot where they have seen the deceased
lying on the floor and blood was oozing and they took her to Holy Christ
Hospital, where the doctor declared her dead. Her dead body was sent for
postmortem which was conducted by Dr. R.K. Divy (PW-09), who vide his
postmortem report (Ex.P-5) opined the cause of her death to be coma
occurred due to compression of brain as a result of head injuries and
accordingly, her death was held to be homicidal in nature. It appears further
from the statement of deceased's sister, namely, Ku. Vandana Mandal
(PW-02), her mother - Supala Mandal (PW-03) and father - Manoranjan
Mandal (PW-04) that on the said fateful day, the deceased had gone to the
Respondent's brother but the brother of said Respondent was however, was
not examined by the prosecution for the reasons best known to it.
4. Be that as it may, one Santoshi Sarthi (PW-07) was the eye witness,
according to the prosecution, but she failed to identify either the said
Respondent - Sujan Mallik or even the deceased - Monika Mandal, as
revealed from her testimony and has thus, turned hostile without supporting
the prosecution version and, after taking these materials, the Trial Court has
not committed any illegality in acquitting the said Respondent from the
commission of the alleged crime.
5. In view of above, we are not inclined to admit this appeal. Accordingly, the
appeal being devoid of merit, is dismissed at the admission stage itself.
Sd/- Sd/-
(Sanjay S. Agrawal) (Radhakishan Agrawal)
Judge Judge
Prakash
