State Of C.G. v. Santosh Kumar Gupta And Another

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • State of Chhattisgarh, Through the District Magistrate, District Surguja (CG) ---- Petitioner

Versus

1. Santosh Kumar Gupta S/o Kailashnath Gupta, Aged about 30 years.

2. Kailashnath Gupta, S/o Late Ramkuvar Gupta, Aged about 70 years Both R/o Davana, P.S. Jhilmili, District Sarguja (CG) ---- Respondent For Appellant Mr. Chitrendra Singh, Panel Lawyer For Respondents Mr. Maneesh Sharma, Advocate DB:

Hon'ble Mr. Justice Prashant Kumar Mishra & Hon'ble Mr. Justice Gautam Chourdiya Judgment On Board by Prashant Kumar Mishra, J. 7/2/2020

1. Heard.

2. Challenge in this appeal is to the judgment of acquittal rendered by the trial Court in Sessions Case No.161/2009 vide judgment dated 30.3.2010, acquitting the accused persons of the charges under Sections 302 & 201 Part-I read with Section 34 of IPC.

3. Deceased Rekha Gupta died by suspected hanging at about 5:30 a.m. on 13.1.2009. Respondent No.1 Santosh Kumar Gupta is the husband and respondent No.2 Kailashnath Gupta is the father-in-law of the deceased. In the dead body inquest, ligature like mark was seen but in the Postmortem Report, no ligature mark was found. The deceased's tongue being not protruded in between the teeth, the Doctor (PW-7 Dr. Vidhyabhushan Toppo) opined that the death may be homicidal. The Investigating OfÏcer did not record any memorandum statement of the accused persons nor the towel or the pillow, which was allegedly used for smothering, was recovered from the accused persons.

4. The evidence on which the accused persons were sent for trial for the offence under Sections 302 and 201 Part-1 read with Section 34 of IPC was the Postmortem Report raising a doubt that the death may be homicidal. However, PW-7 Dr. Vidhyabhushan Toppo admits in his deposition that he was not of the definite opinion that the death was homicidal.

5. There is no material in the charge sheet or in the record of the trial Court, by which, it can be conclusively proved that

smothering was done by the accused persons by pressing the nose and mouth of the deceased by means of towel.

6. In the absence of any conclusive evidence against the accused persons, the trial Judge has rightly acquitted the accused persons of the charges under Sections 302 and 201 Part-1 read with Section 34 of IPC

7. There is no substance in the acquittal appeal and hence, it is dismissed.

Sd/- Sd/- ( Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge Shyna