High Court of Chhattisgarh dismissed a review petition under Section 378 CrPC challenging a Sessions Court acquittal in a murder-by-suicide case, holding that the prosecution failed to prove the requisite intent or active act leading to suicide.
CRMP dismissed; acquittal of respondent affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 1104 of 2020
State of Chhattigarh through Police Station Kota, District Bilaspur (C.G.).
---- Applicant
Versus
Nandkumar Kori S/o. Purushottam Kori, Aged about 39 years, R/o Village Dhol Mahua, Outpost Belgahna, P.S. Kota, District Bilaspur (C.G.).
--Respondent
For Applicant : Mr. B.P. Banjare, Dy. GA For Respondent : None.
Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board
12/01/2022
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After completion of investigation, a charge-sheet was filed. In order to prove the case of the prosecution as many as 13 witnesses have been examined whereas the defence has adduced no witness and stated in his statement that he had been falsely implicated in the present case. By way of impugned judgment, the trial Court appreciated the evidence and acquitted the respondent from the aforesaid charge. Hence, this CRMP.
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husband. In para 5 of his statement, he further deposed that after the marriage, his daughter had been living happily with the accused.
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Sd/(Deepak Kumar Tiwari) Judge
rahul
2 issues framed by the court
Whether the acquittal of the accused in murder-by-suicide case under Section 306 IPC should be set aside on appeal under Section 378 CrPC.
Whether the prosecution proved the active act or direct act intended to push the deceased to commit suicide under Section 306 IPC.
2 provisions across 2 enactments
State of Chhattisgarh through Police Station Kota
Nandkumar Kori
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
