(Mrs.) Rajwala Devi vs The State Of Chhattisgarh on 24 March, 2026

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    Chattisgarh High Court

    (Mrs.) Rajwala Devi vs The State Of Chhattisgarh on 24 March, 2026

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                                                                                    2026:CGHC:14145
    
                                                                                                     NAFR
    
                                    HIGH COURT OF CHHATTISGARH AT BILASPUR
    
                                                     ACQA No. 48 of 2026
    
                       (Mrs.) Rajwala Devi W/o Omveer Singh Chaudhary Aged About 59 Years
                       R/o Agrawal Colony, Shasani Road Ps Iglas, District Aligarh U.P. (Mother Of
                       The Deceased)
                                                                                                ... Appellant
    
                                                             versus
    
                       1 - The State Of Chhattisgarh Through District Magistrate, District
                       Kawardha (Kabirdham) Chhattisgarh
    
    
                       2 - Pratibha Chaudhary W/o Late (Dr.) Arun Chaudhary Aged About 32
                       Years R/o Village And Post Thulai, P.S. Hathras Junction, District Hathras
                       U.P.
                                                                                             ... Respondents

    (Cause title taken from Case Information System)

    For Appellant : Mr. Praveen Soni, Advocate
    For Respondent No.1/State : Ms. Supriya Upasane, Govt. Advocate

    SPONSORED

    Hon’ble Shri Justice Ravindra Kumar Agrawal

    Order on Board
    24/03/2026

    1. The appellant/complainant has filed the present acquittal appeal
    VED
    PRAKASH
    DEWANGAN under Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023

    Digitally signed against the impugned judgment of acquittal dated 23.01.2026,
    by VED
    PRAKASH
    DEWANGAN
    Date: passed by learned Second Additional Judge to the Court of Additional
    2026.04.07
    10:50:45 +0530

    Sessions Judge, Kawardha, District Kabirdham, in Sessions Case
    2

    No. 62 of 2020, whereby the respondent No.2/accused has been

    acquitted from the offence of Section 306 of the IPC.

    2. Brief facts of the case are that, the respondent No.2/accused is the

    wife of the deceased Dr. Arun Choudhary and the complainant/

    appellant is his mother. On 05.05.2020, the police of police station

    Kawardha received an information that the deceased Dr. Arun

    Choudhary committed suicide by hanging himself in a ceiling fan

    inside his house and unnumbered Dehati Merg Intimation (exhibit P-

    14) was recorded on the instance of the respondent No.2/accused

    Pratibha Choudhary. It was found that deceased committed suicide

    by hanging himself in the ceiling fan with the help of muffler. Inquest

    of the dead body of the deceased (exhibit P-7) was prepared. His

    mobile phone, one strip of tablets has been seized from the spot. A

    suicidal note has also been seized from the pocket of the pant of the

    deceased, in which he alleged the liability upon the respondent

    No.2/accused Pratibha Choudhary. During the merg inquiry, from the

    statement of the witnesses it was found that, the respondent No.2/

    accused used to harass the deceased for various reasons. The FIR

    (exhibit P-17) was registered against the respondent No.2/accused

    for the offence under Section 306 of IPC. The suicidal note was sent

    for its examination to the State Examiner of questioned document,

    FSL Raipur. Statement of the witnesses were recorded and after

    completion of investigation charge sheet was filed against the

    respondent No.2/accused for the offence under Section 306 of IPC

    before the learned Chief Judicial Magistrate, Kawardha. The case

    was committed to the learned Sessions Judge for its trial and the

    same was transferred to the learned trial Court.
    3

    3. The learned trial Court framed charge against the respondent

    No.2/accused for the offence under Section 306 of the IPC, which

    she denied and claimed trial. The prosecution has examined as many

    as 14 witnesses. Statement of the respondent No.2/accused under

    Section 313 of CrPC has also been recorded, in which she denied

    the circumstances that appears against her, pleaded innocence and

    has submitted that, the witnesses are related to her in-laws and they

    were not happy with her marriage with the deceased. She also

    explained that when her husband was posted at Kawardha, after

    about 3-4 months, she also joined her at Kawardha, but he was

    having affair with his colleague. When he came to know that his

    colleague is going to marry, he went in distress and disturbed. Her in

    laws have separated them from family for the reason that, their

    marriage was inter-caste marriage, even he was not called in his

    brother’s marriage, which was performed in the month of February.

    All these may be a reason for committing suicide by him and she has

    never harassed him.

    4. After appreciation of oral as well as documentary evidence led by the

    prosecution, the learned trial Court acquitted the respondent No.2/

    accused from the alleged offence holding that, the prosecution has

    failed to prove any abetment or instigation to commit suicide and also

    failed to prove its case beyond reasonable doubt. Hence this

    acquittal appeal.

    5. Learned counsel appearing for the appellant would submit that, the

    prosecution has proved its case beyond reasonable doubt and there

    are sufficient and overwhelming evidence against the respondent

    No.2/accused for convicting her in the offence in question. From the
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    evidence of witnesses, it clearly established that the deceased was

    under the continuous harassment by the respondent No.2/accused,

    which culminated into his suicide. He would also submit that from the

    report of State Examiner of questioned document (exhibit P-24), it

    was also found proved that the suicidal note was written by the

    deceased, which was found from his pocket of the pant, yet the said

    suicidal note has not been considered as the proof of evidence of

    abetment to commit suicide. There are sufficient ingredients of

    instigation as required under Section 107 of the IPC. From the

    evidence of Omveer Singh (PW-1) and Atul Choudhary (PW-3), it

    also clearly proved that the deceased was harassed by the

    respondent No.2/accused and he suffered persistent course of

    mental harassment, which leads to his suicide. The learned trial

    Court has also erred in not considering the electronic evidence

    contained in the pen-drive (exhibit P-30), which recovered from the

    mobile phone of the deceased. He would also submit that the

    continuous course of harassment is sufficient proof thrown a person

    into mental trauma and under such extreme pressure, if he

    committed suicide, the offence under Section 306 of the IPC is made

    out, yet the learned trial Court has acquitted the respondent

    No.2/accused ignoring the well settled principles of law and evidence

    available on the record. Therefore, the impugned judgment of

    acquittal suffers from illegality and perversity and the same is liable to

    be set aside.

    6. I have heard learned counsel for the appellant and perused the

    record of the trial Court.

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    7. From perusal of the impugned judgment of acquittal passed by the

    learned trial Court, it transpires that while passing the judgment of

    acquittal, the learned trial Court has considered all the evidences

    available on record and also considered the judgments of the Hon’ble

    Supreme Court relevant under the facts of the case. The suicidal

    death of the deceased is not in dispute. The appellant alleged that

    the respondent No.2/accused is responsible for his suicidal death

    and on her instigation the deceased committed suicide. The appellant

    is the mother of the deceased, however she has not been examined

    before the trial Court. Her husband Omveer Singh has been

    examined as PW-1. He stated in his evidence that his son has

    completed his MBBS course in 2016 and appointed at Bijapur and in

    the year 2019, he came to Kawardha and posted there at District

    Hospital, Kawardha. The accused is the resident of village Thulai,

    District Hathras. Whenever his son came to meet him, he informed

    that the accused stopped him not to continue the relation with them

    and threatened him that she will commit suicide and roped them in a

    false case. Even, she raised quarrel, when he attended the marriage

    ceremony of his brother. His son was under extreme pressure by the

    conduct of the accused. On 15.04.2020, his son made a telephonic

    call to him and asked him to get them divorced and also informed

    about harassment. Again on 01.05.2020, he made the same instance

    of harassment and after 3-4 days his son committed suicide. His wife

    even was not ready to perform his last rites and he committed suicide

    by the act of harassment given by the accused. In cross-examination

    he admitted that, the deceased performed inter-caste marriage and

    he and his family members were not happy with his marriage. They
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    were not attended his marriage function. He also admitted that after

    his marriage they terminated all the relations with him by publishing a

    notice in daily newspaper. He admitted that the allegation of stopping

    the deceased to meet his parents and allegation of falsely implicated

    in any case, have been disclosed before the police, but if it is not

    there in his police statement (exhibit D-1), he could not tell the

    reason. There are various discrepancies and omissions came in his

    evidence with respect to his police statement (exhibit D-1). He is the

    resident of Iglas, District Aligarh (U.P.) and the deceased was

    residing at Kabirdham. He further admitted that, he served a notice to

    the accused that she is not entitled for any departmental benefits of

    his son. There is nothing in his detailed cross-examination, that in the

    closed proximity of the incident the accused did any act, which

    dragged the deceased to commit suicide. It is only a general and

    omnibus allegation have been leveled by this witness that the

    accused harassed his son, not to continue relation with his family

    members. He admitted that he could not tell as to when the accused

    harassed his son and even, he could not produce any evidence

    before the police about the conversation between him and his son.

    8. PW-3, Atul Choudhary is the cousin brother of the deceased. He too

    is the resident of Aligarh (U.P.). It was the time of COVID-19

    Pandemic, they received information about the incident and came to

    Kawardha. He asked the accused about the incident, but she became

    anxious and has not replied. Later on, he feels from the situation that

    the accused was harassing the deceased. He further stated that at

    the time of Deepawali festival, the deceased met with him and he

    informed him that he is being harassing by the accused and at that
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    time he convinced him. Subsequently, he also came to know that a

    suicidal note was recovered from the pocket of the pant of deceased.

    His father also informed him that the deceased was under the

    extreme mental pressure by the conduct of the accused. In his cross-

    examination also, he admitted that he has not lodged any report or

    complaint with respect to alleged harassment made by the accused

    with the deceased. There is also material omissions and

    contradiction with that of his police statement (exhibit D-2). Except

    from the general allegation that, the accused was harassing the

    deceased not to continue with relation with his family members, no

    other specific instances have been deposed by the witness, which

    proved the instigation or abetment to commit suicide.

    9. PW-4, Varun Choudhary is the brother of the deceased. He too is the

    resident of Iglas, District Aligarh and stated that when they received

    information about the incident, they came to Kawardha and then the

    accused informed him that there was a quarrel going on between her

    and the deceased. From his evidence also, there is no any specific

    instance deposed, which dragged the deceased to commit suicide.

    He admitted in his cross-examination that, when they came to

    Kawardha, they came to know about the staff nurse.

    10. PW-5, Nikita Nelson is the staff nurse and working under the

    deceased. She turned hostile and has not supported the

    prosecution’s case. She also denied by giving her police statement

    (exhibit P-5). In cross-examination she admitted that, since she was

    the co-worker with the deceased as the deceased was the

    Gynecologist, she was well acquainted with his family affairs and his

    family members were not liking him. She also admitted that the
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    accused used to visit her house. During their duty, the deceased

    proposed her for making relation. When their relation spread up, she

    asked the deceased to inform his wife, but she did not know as to

    whether he informed her or not. When the accused came to know

    about their relation, she came to her house and raised objection. She

    further admitted that before commission of suicide by the deceased,

    she was in telephonic talk with the deceased. On the date of incident

    also, she met with the deceased in the evening. She also admitted

    that the deceased was defamed due to their relation. From her

    evidence also, there is nothing to hold that the deceased was being

    harassed by the accused for any reason in closed proximity of the

    incident.

    11. PW-6, Anand Kumar Tiwari is the neighbour of the deceased. He

    stated in his evidence that he did not know about relation of the

    deceased and the accused. He turned hostile and not supported the

    prosecution’s case.

    12. PW-11, Hemant Paikra is the Tahsildar and neighbour of the

    deceased. On the date of incident, at about 10:30 in the night the

    accused was in his house and when she had gone to her house, the

    door was opened. When he also had gone to her house, but they

    could not be able to get the door opened, then they informed the

    police and thereafter, police came and entered from balcony side and

    came to know about the incident. This witness has also not disclosed

    any incriminating evidence against the accused, which can be

    considered for abetment to commit suicide.

    13. PW-12, Raghuvansh Patil is the Sub-Inspector Police, who stated that

    he recovered a suicide letter from the pocket of the pant of the
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    deceased, in which it has been mentioned that the accused is

    responsible for his death and thereafter he sent the dead body for its

    postmortem. He also seized one mobile phone, strip of tablets having

    two tablets in the strip and the suicide note vide seizure memo (exhibit

    P-8). He also proved the other part of the investigation, which he

    conducted.

    14. PW-13, Dr. S. Jaiswal, who conducted the postmortem of the dead body

    of the deceased and gave his report (exhibit P-18) and opined that the

    death of the deceased is homicidal in nature.

    15. PW-14, Mukesh Som is the Police Inspector and conducted part of the

    investigation. He sent the suicidal note (exhibit P-26) for its handwriting

    examination to the State Examiner of questioned document and also

    sent the mobile phone of the deceased for its examination and after

    completion of investigation filed the charge sheet.

    16. From the entire evidence led by the prosecution, there is no any

    proximity link disclosed by the prosecution in their evidences, which

    sufficiently discloses the act of any instigation or abetment to commit

    suicide. The evidence suggests that the deceased was under the

    extreme mental pressure, but such state of the deceased was due to

    any act of the accused could not be established by the prosecution. The

    evidence also suggests that it was a COVID-19 Pandemic, all the

    doctors and staff nurses were under extreme mental pressure, the

    relation between the deceased and the staff nurse was came into

    knowledge of accused, which she objected, due to the inter-caste

    marriage between the accused and deceased, the relationship with his

    family members were broken down by his family members, and

    therefore all these instances cumulatively may cause the reason for

    commit suicide, but it certainly not the instigation or abetment to commit
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    suicide. There is no instances disclosed by the witnesses in the closed

    proximity of time of the incident. The deceased was a qualified medical

    doctor. From the evidence it has also not been established that, he was

    not having any other option except to commit suicide.

    17. From perusal of the suicidal note, it also reveals that it is only one-lined

    suicidal note with the contents that “esjs suicide djus ds fy, Pratibha

    ftEesnkj gS”. There is no reason or any other instances disclosed in the

    suicidal note which dragged to conclude that the deceased was being

    harassed to the extent that he was not having any other option except to

    commit suicide. There may be a domestic quarrel between husband and

    wife, but that itself is not sufficient to conclude that she abetted the

    deceased to commit suicide.

    18. To constitute the offence of abetment to commit suicide, the law is

    settled by the Supreme Court in case of Gurucharan Singh Vs.

    State of Punjab, 2017(1) SCC 433, in which it was observed as

    under:-

    “20. Section 306 of the Code prescribes the

    punishment for abetment of suicide and is

    designed thus:

    “Abetment of suicide. If any person commits

    suicide, whoever abets the commission of

    such suicide, shall be punished with

    imprisonment of either description for a term

    which may extend to ten years, and shall

    also be liable to fine.

    11

    21. It is thus manifest that the offence punishable is

    one of abetment of the commission of suicide by

    any person, predicating existence of a live link or

    nexus between the two, abetment being the

    propelling. causative factor. The basic ingredients

    of this provision are suicidal death and the

    abetment thereof. To constitute abetment, the

    intention and involvement of the accused to aid or

    instigate the commission of suicide is imperative.

    Any severance or absence of any of this

    constituents would militate against this indictment.

    Remoteness of the culpable acts or omissions

    rooted in the intention of the accused to actualize

    the suicide would fall short as well of the offence of

    abetment essential to attract the punitive mandate

    of Section 306 IPC. Contiguity, continuity,

    culpability and complicity of the indictable acts or

    omission are the concomitant indices of abetment.

    Section 306 IPC, thus criminalises the sustained

    incitement for suicide.

    22. Section 107 IPC defines abetment and is

    extracted hereunder:

    “107. Abetment of a thing. A person abets

    the doing of a thing, who-First-Instigates any

    person to do that thing: or Secondly Engages

    with one or more other person or persons in

    any conspiracy for the doing of that thing, if
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    an act or illegal omission takes place in

    pursuance of that conspiracy, and in order to

    the doing of that thing; or Thirdly Intentionally

    aids, by any act or illegal omission, the doing

    of that thing.

    Explanation 1- A person, who by wilful

    misrepresentation, or by wilful concealment of a

    material fact which he is bound to disclose,

    voluntarily causes or procures or attempts to cause

    or procure, a thing to be done, is said to instigate

    the doing of that doing.

    Explanation 2- Whoever, either prior to or at the

    time of the commission of an act, does anything in

    order to facilitate the commission of that act, and

    thereby facilitate the commission thereof, is said to

    aid the doing of that act.”

    Not only the acts and omissions defining the

    offence of abetment singularly or in combination

    are enumerated therein, the explanations

    adequately encompass all conceivable facets of

    the culpable conduct of the offender relatable

    thereto.

    27. The pith and purport of Section 306 IPC has

    since been enunciated by this Court in Randhir

    Singh vs. State of Punjab (2004)13 SCC 129, and
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    the relevant excerpts therefrom are set out

    hereunder.

    “12. Abetment involves a mental process of

    instigating a person or intentionally aiding

    that person in doing of a thing. In cases of

    conspiracy also it would involve that mental

    process of entering into conspiracy for the

    doing of that thing. More active role which

    can be described as instigating or aiding the

    doing of a thing is required before a person

    can be said to be abetting the commission of

    offence under Section 306 IPC.

    13. In State of W.B. Vs. Orilal Jaiswal (1994)

    1 SCC 73, this Court has observed that the

    courts should be extremely careful in

    assessing the facts and circumstances of

    each case and the evidence adduced in the

    trial for the purpose of finding whether the

    cruelty meted out to the victim had in fact

    induced her to end the life by committing

    suicide. If it transpires to the court that a

    victim committing suicide was hypersensitive

    to ordinary petulance, discord and

    differences in domestic life quite common to

    the society to which the victim belonged and

    such petulance, discord and differences

    were not expected to induce a similarly
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    circumstanced individual in a given society to

    commit suicide, the conscience of the court

    should not be satisfied for basing a finding

    that the accused charged of abetting the

    offence of suicide should be found guilty.”

    28. Significantly, this Court underlined by referring

    to its earlier pronouncement in Orilal Jaiswal

    (supra) that courts have to be extremely careful in

    assessing the facts and circumstances of each

    case to ascertain as to whether cruelty had been

    meted out to the victim and that the same had

    induced the person to end his/her life by

    committing suicide, with the caveat that if the victim

    committing suicide appears to be hypersensitive to

    ordinary petulance, discord and differences in

    domestic life, quite common to the society to which

    he or she belonged and such factors were not

    expected to induce a similarly circumstanced

    individual to resort to such step, the accused

    charged with abetment could not be held guilty.

    The above view was reiterated in Amalendu Pal @

    Jhantu vs. State of West Bengal (2010) 1 SCC

    707.

    29. That the intention of the legislature is that in

    order to convict a person under Section 306 IPC,

    there has to be a clear mens rea to commit an

    offence and that there ought to be an active or
    15

    direct act leading the deceased to commit suicide,

    being left with no option, had been propounded by

    this Court in S.S. Chheena vs. Vijay Kumar

    Mahajan (2010) 12 SCC 190.”

    19. Recently in Mahendra Awase Vs. State of Madhya Pradesh, 2025

    (4) SCC 801, the Supreme Court held as under:

    12. As is clear from the plain language of the

    Sections to attract the ingredient of Section 306,

    the accused should have abetted the commission

    of a suicide. A person abets the doing of a thing

    who Firstly instigates any person to do that thing

    or Secondly engages with one or more other

    person or persons in any conspiracy for the doing

    of that thing, if an act or illegal omission takes

    place in pursuance of that conspiracy, and in order

    to the doing of that thing or Thirdly intentionally

    aids, by any act or illegal omission, the doing of

    that thing.

    13. In Swamy Prahaladdas vs. State of M.P. and

    Another, [1995 Supp (3) SCC 438), the appellant

    remarked to the deceased that ‘go and die and the

    deceased thereafter, committed suicide. This

    Court held that:-

    “3….. Those words are casual nature which

    are often employed in the heat of the

    moment between quarrelling people.
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    Nothing serious is expected to follow

    thereafter. The said act does not reflect the

    requisite ‘mens rea’ on the assumption that

    these words would be carried out in all

    events……”

    14. In Madan Mohan Singh vs. State of Gujarat

    and Another, (2010) 8 SCC 628, this Court held

    that in order to bring out an offence under Section

    306 IPC specific abetment as contemplated by

    Section 107 IPC on the part of the accused with

    an intention to bring about the suicide of the

    person concerned as a result of that abetment is

    required. It was further held that the intention of

    the accused to aid or to instigate or to abet the

    deceased to commit suicide is a must for attracting

    Section 306.

    15. In Amalendu Pal alias Jhantu vs. State of West

    Bengal, (2010) 1 SCC 707, this Court held as

    under:-

    “12. Thus, this Court has consistently taken

    the view that before holding an accused

    guilty of an offence under Section 306 IPC,

    the court must scrupulously examine the

    facts and circumstances of the case and

    also assess the evidence adduced before it

    in order to find out whether the cruelty and
    17

    harassment meted out to the victim had left

    the victim with no other alternative but to put

    an end to her life. It is also to be borne in

    mind that in cases of alleged abetment of

    suicide there must be proof of direct or

    indirect acts of incitement to the commission

    of suicide. Merely on the allegation of

    harassment without there being any positive

    action proximate to the time of occurrence

    on the part of the accused which led or

    compelled the person to commit suicide,

    conviction in terms of Section 306 IPC is not

    sustainable.”

    16. In order to bring a case within the purview of

    Section 306 IPC there must be a case of suicide

    and in the commission of the said offence, the

    person who is said to have abetted the

    commission of suicide must have played an active

    role by an act of instigation or by doing certain act

    to facilitate the commission of suicide. Therefore,

    the act of abetment by the person charged with

    the said offence must be proved and established

    by the prosecution before he could be convicted

    under Section 306 IPC.

    17. M. Mohan vs. State, (2011) 3 SCC 626

    followed Ramesh Kumar vs. State of Chhattisgarh,

    (2001) 9 SCC 618, wherein it was held as under-
    18

    41. This Court in SCC para 20 of Ramesh

    Kumar has examined different shades of the

    meaning of “instigation”. Para 20 reads as

    under: (SCC p. 629) “20. Instigation is to

    goad, urge forward, provoke, incite or

    encourage to do ‘an act’. To satisfy the

    requirement of instigation though it is not

    necessary that actual words must be used

    to that effect or what constitutes instigation

    must necessarily and specifically be

    suggestive of the consequence. Yet a

    reasonable certainty to incite the

    consequence must be capable of being

    spelt out. The present one is not a case

    where the accused had by his acts or

    omission or by a continued course of

    conduct created such circumstances that

    the deceased was left with no other option

    except to commit suicide in which case an

    instigation may have been inferred. A word

    uttered in the fit of anger or emotion without

    intending the consequences to actually

    follow cannot be said to be instigation.”

    In the said case this Court came to the conclusion

    that there is no evidence and material available on

    record where from an inference of the appellant

    accused having abetted commission of suicide by
    19

    Seema (the appellant’s wife therein) may

    necessarily be drawn.”

    18. Thereafter, this Court in Mohan (supra) held:-

    45. The intention of the legislature and the

    ratio of the cases decided by this Court are

    clear that in order to convict a person under

    Section 306 IPC there has to be a clear

    mens rea to commit the offence. It also

    requires an active act or direct act which led

    the deceased to commit suicide seeing no

    option and this act must have been intended

    to push the deceased into such a position

    that he/she committed suicide.”

    19. As has been held hereinabove, to satisfy the

    requirement of instigation the accused by his act

    or omission or by a continued course of conduct

    should have created such circumstances that the

    deceased was left with no other option except to

    commit suicide. It was also held that a word

    uttered in a fit of anger and emotion without

    intending the consequences to actually follow

    cannot be said to be instigation.

    20. Applying the law governing the scope of interference in an appeal

    against acquittal, the Hon’ble Supreme Court in the case of State of

    Rajasthan Vs. Kistoora Ram, 2022 SCC OnLine SC 984, has held

    as under:-

    20

    “8. The scope of interference in an appeal against

    acquittal is very limited. Unless it is found that the

    view taken by the Court is impossible or perverse,

    it is not permissible to interfere with the finding of

    acquittal. Equally if two views are possible, it is

    not permissible to set aside an order of acquittal,

    merely because the Appellate Court finds the way

    of conviction to be more probable. The

    interference would be warranted only if the view

    taken is not possible at all.”

    21. In Jafarudheen and Others Vs. State of Kerala, 2022 (8) SCC 440,

    the Hon’ble Supreme Court has considered the scope of interference

    in appeal against acquittal in judgment at para 25, which reads as

    under:-

    “25. While dealing with an appeal against

    acquittal by invoking Section 378 of the Cr.P.C.,

    the Appellate Court has to consider whether the

    Trial Court’s view can be termed as a possible

    one, particularly when evidence on record has

    been analyzed. The reason is that an order of

    acquittal adds up to the presumption of innocence

    in favour of the accused. Thus, the Appellate

    Court has to be relatively slow in reversing the

    order of the trial court rendering acquittal.

    Therefore, the presumption in favour of the

    accused does not get weakened but only

    strengthened. Such a double presumption that
    21

    ensures in favour of the accused has to be

    disturbed only by thorough scrutiny on the

    accepted legal parameters.”

    22. Further, in case of Central Bureau of Investigation Vs. Shyam

    Bihari & Others, 2023 (8) SCC 197, the Hon’ble Supreme Court has

    held in para 27 of its judgment that :-

    “27. It is trite law that in an appeal against

    acquittal, the power of appellate court to re-

    appreciate evidence and come to its own

    conclusion is not circumscribed by any limitation.

    But it is equally settled that the appellate court

    must not interfere with an order of acquittal

    merely because a contrary view is permissible,

    particularly, where the view taken by the trial

    court is a plausible view based on proper

    appreciation of evidence and is not vitiated by

    ignorance/misreading of relevant evidence on

    record.”

    23. After considering the material available on record as well as the

    elaborate judgment passed by the learned trial court and being very

    much conscious of the existing legal position as held in case of

    Kistoora Ram, Jafarudheen and Shyam Bihari (Supra) that in an

    appeal against acquittal if two views are possible on the basis of the

    evidence led by the prosecution and the trial Court taking one view

    favoured the accused, reversion of the findings of acquittal by the

    Appellate Court taking the other possible view into consideration, is
    22

    not permissible in law. Therefore, I am of the considered opinion that

    the judgment impugned acquitting the respondents/accused persons

    is just and proper and does not call for any interference.

    24. Accordingly, the acquittal appeal fails and is hereby dismissed.

    Sd/-

    (Ravindra Kumar Agrawal)
    Judge
    ved



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