Ashish Raghuvanshi vs The State Of Madhya Pradesh
2023 Latest Caselaw 6240 MP

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                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                              ON THE 18 th OF APRIL, 2023
                                          CRIMINAL APPEAL No. 3387 of 2023

                          BETWEEN:-
                          ASHISH RAGHUVANSHI S/O LATE SHRI GANGARAM
                          RAGHUVANSHI, AGED ABOUT 29 YEARS, OCCUPATION:
                          PRIVATE SERVICE RESIDENT OF VINDHYANCHAL
                          COLONY DISTRICT GUNA (MADHYA PRADESH)

                                                                                 .....APPELLANT
                          (SHRI RAJEEV KUMAR SHARMA, LEARNED COUNSEL FOR THE
                          APPELLANT- COMPLAINANT)

                          AND
                          1.    THE STATE OF MADHYA PRADESH INCHARGE
                                POLICE STATION THROUGH POLICE STATION
                                CANTT, GUNA, DISTRICT GUNA (MADHYA
                                PRADESH)

                          2.    YASHPAL S/O SHRI MAHENDA SINGH JAT, AGED
                                ABOUT 42 YEARS, CHHABDA COLONY, POLICE
                                THANA KOTWALI GUNA (MADHYA PRADESH)

                          3.    MANOJ S/O SHRI GOVIND SINGH RAGHUVANSHI,
                                AGED ABOUT 43 YEARS, VILLAGE UKAVAD
                                POLICE THANA MYANA, DIST. GUNA AT PRESENT
                                VIVEK COLONY DISTRICT GUNA (MADHYA
                                PRADESH)

                          4.    RAJA S/O SHRI DASHRATH SINGH JAT, AGED
                                ABOUT 42 YEARS, RADHA COLONY POLICE
                                THANA KOTWALI, DISTRICT GUNA (MADHYA
                                PRADESH)

                                                                               .....RESPONDENTS
                          (SHRI DINESH SAVITA- LEARNED COUNSEL FOR THE RESPONDENT
                          NO.1- STATE)

                                This appeal coming on for HEARING this day, the court passed the

Signature Not Verified
                          following:
Signed by: MAHENDRA
BARIK
Signing time: 4/19/2023
10:51:03 AM
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                                                              ORDER

The present appeal under Section 372(2) of CrPC has been filed by appellant- complainant against the judgment of acquittal dated 22-12-2022 passed by Fifth Additional Sessions Judge, Guna in Sessions Trial No.48 of 2018, whereby respondents no. 2 to 4 have been acquitted of charge under Section 306 of IPC.

Prosecution case in short is that on 06-01-2016, at around 12;30 pm, Gangaram (since deceased) was admitted in the hospital due to consumption of poisonous substance and during treatment he died. On the basis of which a merg no.01 of 2016 was recorded under Section 174of CrPC. Dead body

panchnama was recorded and postmortem was conducted. Merg was enquired and statements of son of deceased Ashish Raghuvanshi, wife Anita Raghuvanshi and daughter Sradha Raghuvanshi were recorded in which they alleged that due to harassment by the accused, the deceased committed suicide. A suicide note of deceased was recovered. Thereafter, crime no. 834 of 2017 was registered for offence under Section 306 read with Section 34 of IPC. The accused were arrested and their statements were recorded under Section 173 of CrPC. After completion of investigation and other formalities, charge sheet was filed before the Court of JMFC from where the case was committed to the Sessions Court. The learned trial Court after marshalling the evidence of prosecution witnesses and the materials available before it, acquitted accused persons of aforesaid offence vide impugned judgment.

It is submitted by counsel for the appellant that the learned trial Court has committed an error in acquitting the accused persons.

Heard learned counsel for the parties.

It is settled principle of law that the High Court should interfere with the Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/19/2023 10:51:03 AM

judgment and order of acquittal passed by the trial Court if it arrives at a finding that the trial Court's decision is perverse or otherwise unsustainable. On going through the evidence of prosecution witnesses and the materials available on record, this Court does not find any illegality or perversity in passing the judgment of acquittal. Accordingly, this appeal fails and is hereby dismissed in limine.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 4/19/2023 10:51:03 AM