The State Of Madhya Pradesh vs Smt. Mamta Yadav
2022 Latest Caselaw 1482 MP

                                   1
  IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                               BEFORE
                   HON'BLE SHRI JUSTICE SUJOY PAUL
                                  &
              HON'BLE SHRI JUSTICE ARUN KUMAR SHARMA
                       ON THE 2nd OF FEBRUARY, 2022

              MISC. CRIMINAL CASE No. 25907 of 2020

        Between:-
        THE STATE OF MADHYA PRADESH THR. ITS
        P.S. P.S. SHAHPUR DIST. REWA (MADHYA
        PRADESH)

                                                               .....PETITIONER
        (BY SHRI S.K Kashyap, Government Advocate for the petitioner State.)

        AND

        SMT. MAMTA YADAV W/O RAMDARASH
        YADAV    , AGED   ABOUT    38 YEARS,
        OCCUPATION: HOUSEWIFE VILL. ATRAILA
        KALA P.S. SHAHPUR DIST. REWA (MADHYA
        PRADESH)

                                                            .....RESPONDENTS


                     (Heard through Video Conferencing)
      This M.Crc.C. for grant of leave to appeal is coming on for
admission this day, JUSTICE ARUN KUMAR SHARMA passed the

following:
                                   ORDER

Heard on admission.

This M.Cr.C. under Section 378 (3) for grant of leave to appeal is filed against the judgment dated 07.01.2020 passed by the learned Second Additional Sessions Judge, Mouganj, District Rewa whereby the learned Sessions Judge acquitted the respondent for the offence punishable under Sections 302 and 201 of the IPC.

The case of the prosecution in the nutshell is that on 15.8.2017, complainant Shyamlal Yadav lodged a marg information before the police station Shahpur that his niece Nisha Kumari daughter of Rammurat Yadav,

aged about 5 1/2 years, Resident of Atrela Kala went to answer the call of the nature at about 12 O Clock on 13.08.2017, in front of her house in the field. It

is alleged that after 1/2 hours, she did not return home. Thereafter, mother of the deceased Reeta Yadav searched and inquired whereabouts of the deceased but she could not be traced. On 15.08.2017, in the morning, deceased was found dead in the east side of the trees.

Learned counsel for the State has submitted that the learned trial Court

has not relied upon the statements of the witnesses in their entirety and without assigning any cogent reasons acquitted the respondent accused for the offence under Sections 302 and 201 of the IPC, therefore, it has been prayed that this M.Cr.C. for grant of leave to appeal be allowed.

However keeping in view the facts and circumstances of the cases, particularly the facts that the learned trial Court has carefully examined each and every aspects of the matter during the trial and also the facts that hairs, axe and the hairs glued in the Axe is of human being and human bones were also seized but they all are of the deceased Nisha cannot be proved by the prosecution at all and also the fact that the DNA profile of the deceased was also not matched from the house of the respondent accused and there is no substantive piece of evidence in order to connect the respondent accused in the case, therefore, this is not a fit case for grant of leave to appeal.

Accordingly, this M.Cr.C. is dismissed.

                                             (SUJOY PAUL)                                   (ARUN KUMAR SHARMA)
                                                JUDGE                                              JUDGE
                                        sh




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  SAN




Digitally signed by S HUSHMAT HUSSAIN
Date: 2022.02.03 15:34:26 IST