[Cites 3, Cited by 0]
Chattisgarh High Court
State Of C.G vs Govind Sharma And Others on 27 March, 2026
1
SATISH
TUMANE
Digitally signed
by SATISH
TUMANE
Date:
2026.03.28
2026:CGHC:14551-DB
12:57:41 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
ACQA No.16 of 2011
Ghanshyam Sharma, Son of late Bhagwandas Sharma, aged about 58
years, Kharsia, District Raigarh (C.G.)
--- Appellant/Complainant
versus
1 - Govind Sharma, son of Rameshwar Sharma, aged 48 years,
2. Aashish son of Govind Sharma, aged 23 years,
3. Rakesh Sharma, son of Govind Sharma, aged 27 years,
4. Smt. Varsha, wife of Rakesh Sharma, aged 23 years,
5. Santosh Sharma, wife of Shri Govind Sharma, aged 46 years,
All R/o Dhanuharpara, Purani Basti, P. S. Kotwali, District Korba (C.G.)
6. State of Chhattisgarh, Through the Police Kotwali Korba, Distt.-Korba,
C.G.
--- Respondent(s)
ACQA No.73 of 2012
State Of Chhattisgarh, Through the District Magistrate, District Korba (C.G.)
---Appellant
Versus
1 - Govind Sharma, son of Rameshwar Sharma, aged 48 years,
2. Ashish Sharma, son of Govind Sharma, aged 23 years,
3. Rakesh Sharma, son of Govind Sharma, aged 27 years,
4. Smt. Varsha, wife of Rakesh Sharma, aged 23 years,
5. Santosh Sharma, wife of Shri Govind Sharma, aged about 46 years,
No.1 to 5 accused, R/o Dhanuharpara, Purani Basti, P. S. Kotwali, Korba,
Tehsil and District Korba (C.G.)
--- Respondent(s)
2
In Acquittal Appeal No.16 of 2011
For Appellant : None
For Respondents No.1 to 5 : Shri Kishan Kumar Yadav, Advocate
For Respondent No.6/State : Shri Dharmesh Shrivastava, Dy.AG
In Acquittal Appeal No.73 of 2012
For Appellant/State : Shri Dharmesh Shrivastava, Dy.AG
For Respondents No.1 to 5 : Shri Kishan Kumar Yadav, Advocate
DB: Hon'ble Shri Justice Sanjay S. Agrawal &
Hon'ble Shri Justice Amitendra Kishore Prasad
Judgment On Board
Per Sanjay S. Agrawal, J
27/03/2026
1) Since both these appeals arise out of the common judgment dated
15/12/2010 passed by the learned 2nd Additional Sessions Judge,
(FTC), Korba, District Korba (C.G.) in Sessions Trial No.49/2010,
acquitting the respondents for the offence punishable under
Sections 304-B/34 and 498-A of IPC, they are being disposed off by
this common judgment.
2) From perusal of the record, it appears that the marrige of the
deceased, namely, Annapurna was solemnized with the respondent
No.2-Ashish Sharma on 17/11/2009 in accordance with the Hindu
Rites and Rituals. It is alleged by the prosecution that after
sometimes of her marriage, she was harassed and maltreated by
the respondents on account of inadequacy of dowry, owing to which,
she died on 29/03/2010 around 11.30 AM. On account of the alleged
incident, her brother-in-law, namely, Rakesh Sharma, the
respondent No.3, lodged the merg intimation (Ex.P-5) before the
Police Station Kotwali, Korba, District Korba, stating therein that she
has committed suicide by hanging herself and, an FIR (Ex.P-6) was,
thereafter, lodged by her father, namely, Ghanshyam Sharma on
30/03/2010 before the concerned Police Station, alleging inter alia,
that there is no proof that she has committed suicide by hanging
herself and, in fact, she was murdered by them. Based upon the
alleged report, an FIR (Ex.P-6) was registered against the
respondents for the commission of offence punishable under
Section 304-B/34 of IPC in connection with Crime No.407/2010. The
deadbody of the deceased was sent for autopsy, which was
conducted by Dr. Deepak Singh (PW-1) and Dr. B. Tigga (PW-2),
but, they were unable to give any definite opinion regarding cause
of death and viscera was, therefore, sent for chemical examination,
however, no report was placed on record in this regard. During the
course of investigation, a suicidal note (Ex.P-2) was seized vide
Ex.P-3 on 29/03/2010 in presence of two witnesses, namely,
Rajkumar Vidhwani and Navin Barandani (PW-3). After completion
of usual investigation, the charge-sheet was submitted before the
concerned trial Court, where, after considering the materials
available on record, the respondents have been charge-sheeted
with regard to the offence punishable under Sections 304-B/34 and
498-A/34 of IPC, which was denied by them and claimed to be tried.
3) In order to establish the alleged allegations, the father of the
deceased, namely, Ghanshyam Sharma was examined as PW-10
and, it appears from his testimony that the marriage of his daughter
(the deceased) was solemnized with the respondent No.2-Aashish
Sharma on 17/11/2009 and when she came to home, it was
informed that because of non-fulfilling of demand of Golden Ring,
Golden Chain and Almirah, she was harassed and maltreated by
the respondents. Further of his testimony would, however, show that
instead she disclosed her mother that she was harassed and
maltreated by the respondents, because she came from the inferior
house and, when he enquired from his daughter, it was informed by
her that she was harassed, because she has not come with the
Golden Ring, Golden Chain and Almirah. But, the alleged of his
version was, however, not found to be revealed from his report
(Ex.P-6) and, instead the alleged fact was, in fact, disclosed by her
to his wife. His statement is, thus, deviated from his alleged report
(Ex.P-6) lodged on 30/03/2010.
4) Insofar as the statement of mother (PW-11) of the deceased,
namely, Smt. Shakuntala Sharma, is concerned, it, however,
appears from her testimony that she was harassed and maltreated,
because of non-fulfilling the demand of Golden Ring, Golden Chain
and the Motorcycle, however, the demand of "Motorcycle" was
neither reflected from the report (Ex.P-6) lodged by her husband,
nor was deposed by him in his evidence.
5) That apart, as revealed from the testimony of the deceased's father,
(PW-10) that even upon knowing the alleged fact that she was
harassed and maltreated by them as such, neither any report was
lodged immediately thereafter, nor any meeting was convened in
the village. In view of such circumstances, it is difficult to hold that
on account of the alleged demand, she was harassed and
maltreated by the respondents.
6) It is to be seen further that during the course of investigation, a
suicidal note (Ex.P-2) was recovered from her in-law's house in
presence of two witnesses, namely, Rajkumar and Navin Barandani
(PW-3) and the said fact was duly established by him (PW-3) and, a
bare perusal of the alleged suicidal note (Ex.P-2), which was duly
certified by the opinion of the Additional State Examiner, Govt. of
Chhattisgarh, would show that she has not alleged anyone
regarding her death.
7) In view of the aforesaid background and, in absence of any cogent
and reliable evidence led by the prosecution, showing that the
deceased was harassed and maltreated by the respondents on
account of the alleged demand, the trial Court has, therefore, not
committed any illegality in acquitting them from the commission of
the alleged crime, so as to call for any interference in these appeals.
8) Consequently, these appeals (Acquittal Appeal No.16/2011 and
Acquittal Appeal No.73/2012), being devoid of merit, are dismissed.
SD/- SD/-
(Sanjay S. Agrawal) (Amitendra Kishore Prasad)
Judge Judge
Tumane
