Dismissed

State of C.G. v. Khemraj Singh and Anr.

Chhattisgarh HC7 Feb 2020ACQA/106/2011

Case brief

AI extract

What is this about?

The High Court dismissed an acquittal appeal under Section 391 CrPC. The appellant challenged the acquittal of accused persons charged with dowry-related cruelty causing the death of the victim's wife. The Court held the view of the acquittal was not perverse based on the dying declaration and evidence, applying settled law.

What did the court decide?

Acquittal Appeal dismissed as it was not a fit case for grant of leave to appeal.

State of C.G. Vs Khemraj Singh and Anr. — Matrimonial and Divorce | Chhattisgarh HC (2020)

ACQA No. 106 of 2011

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

¶5

ACQA No. 106 of 2011

¶6

State Of C.G. Through District Magistrate, Distt.-Bilaspur, C.G.

¶7

---- Appellant

¶8

Versus

¶9

Khemraj Singh, Aged about 27 years S/o Bisahu Singh Rajput.

¶10

Smt. Sahodara Singh, Aged about 48 years, W/o Bisahu Singh Rajput.

¶11

Both R/o Lakhasar, P.S.-Lormi, Distt.-Bilaspur, C.G.

¶12

---- Respondents

¶13

For State :- Shri R. Tripathi, PL For Respondent/s :- Ms. Nirupama Bajpai, Advocate

¶14

Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Gautam Chourdiya Judgment On Board

¶15

¶16

Prashant Kumar Mishra, J.

¶17

07/02/2020

¶18

This Acquittal Appeal would question the legality and validity of the impugned judgment of acquittal whereby the trial Court has acquitted the accused persons of the charges under Sections 498 and 304 B of the I.P.C.

¶19

¶20

ACQA No. 106 of 2011

¶21

Deceased - Bharti Rajput was married to respondent No.1 Khemraj Singh sometime in the year 2005. She sustained severe burn injury on 09.07.2008 and died in course of treatment on 12.07.2008. Alleging commission of cruelty in connection with demand of dowry an FIR was registered and thereafter charge sheet was filed against the respondent. In course of investigation PW-9 Gulab Sonwani, Constable of the concerned Police Station recorded the dying declaration Ex-D-4 wherein the deceased did not allege demand of dowry or commission of cruelty by the accused persons. She stated in the dying declaration that she sustained accidental burn injury while cooking meals at about 8:30-9 P.M. This dying declaration was witnessed and singed by Uma Singh and Veer Singh Netam. PW-4 Uneram, father of the deceased, admits that when they had gone to CIMS hospital to meet the daughter, Uma Singh was present in the hospital. He also admits that Uma Singh is his sister-in-law, thus, Uma Singh is Aunt (Mausi) of the deceased and her presence in the hospital was natural and probable.

¶22

There is no direct evidence of demand of dowry. There is no material that accused persons have ever made any demand before parents or other relatives of the deceased. Statement in this regard is of hearsay nature. Although, PW-4 Uneram has tried to make out a case of oral dying

¶23

¶24

ACQA No. 106 of 2011

¶25

declaration by the deceased but here also he fails to mention as to whether the deceased had named any of the respondent in her purported oral dying declaration.

¶26

Considering the evidence on record, we are satisfied that the view taken by the trial Court is one probable view on the basis of state of evidence on record.

¶27

In view of the settled legal position that when two views are possible in the case and the trial Court has taken one of the views, the judgment of acquittal should not be converted into a judgment of conviction. (See : Khekh Ram Vs. State of Himachal Pradesh , (2018) 1 SCC 202), we are of the opinion that the present is not a fit case for grant of leave to appeal, because, the view taken by the trial Judge emanates from the state of evidence on record and the same does not appear to be perverse.

¶28

For the foregoing we do not find any ground to entertain this application. Accordingly, the Acquittal Appeal deserves to be and is hereby dismissed.

¶29

SD/SD/( Prashant Kumar Mishra ) ( Gautam Chourdiya ) Judge Judge

¶30

Ayushi

State of C.G. v. Khemraj Singh and Anr.

Case brief

What is this about?

What did the court decide?

State of C.G. v. Khemraj Singh and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

State of Chhattisgarh Vs Lal Bahadur

Dev Prasad Banjare Vs State of Chhattisgarh

Sayyed Baba Mastaan Vs State of Chhattisgarh

State of C.G. Vs Santosh Kumar Gupta and another

Jawahir Paikara Vs State of Chhattisgarh

Maheshwari Yadav Vs The State Of Chhattisgarh