Rachna Kushwah vs The State Of Madhya Pradesh
2023 Latest Caselaw 14569 MP

                                                                1
                                 IN THE HIGH COURT OF MADHYA PRADESH
                                              AT GWALIOR


                                                CRA No. 8247 of 2023
                                       (Rachna Kushwah Vs THE STATE OF MADHYA PRADESH)


                       Gwalior dated 5.9.2023
                             Shri Anand Gupta- Advocate for the appellant.
                             Shri Rajesh Shukla- Additional Advocate General for the
                       respondent/State.

Per Justice Deepak Kumar Agarwal:

IA.No.14369/2023, 1st application u/Sec. 389 of Cr.P.C. for

suspension of sentence and grant of bail filed on behalf of appellant -

Rachna Kushwah.

This criminal appeal assails the judgment dated 4.5.2023 passed by

the 1st Additional Sessions Judge, Guna, in Sessions Trial No.160/2019,

whereby appellant has been convicted under Sections 302 (on four counts)

and 307(on three counts) of IPC and sentenced to suffer life imprisonment

with fine of Rs.1,000/- on each count and 10 years RI with fine of

Rs.1,000/- on each count respectively.

Prosecution case in brief is that on 26.3.2019 complainant Singar

Bai lodged a Dehati Nalishi at police Station Kotwali to the effect that she

does labour work and resides in a rented house. Her sons Dinesh & Sonu Signature Not Verified Signed by: MADHU SOODAN PRASAD reside at Science City Colony along with their family. Her elder daughter- Signing time: 06-09-2023 10:18:45 AM

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

in-law Rachna Kushwah (appellant) used to quarrel with Dinesh and

younger daughter-in-law Asha & used to threaten the family members to

kill them by setting the house on fire. Today his son Dinesh informed that

her daughter-in-law was quarreling in the house, on which she along with

her husband Narayan Kushwah went to the house at Science City Colony.

At that time, her younger son was at the shop and daughter-in-law was

preparing food in upper portion. The complainant along with her grand-

daughter, grand-son and her husband Narayan was making Sonu

understand, at that juncture at about 12 pm her elder daughter-in-law came

with a Can containing petrol and by spreading petrol, ignited the same, as

a result of which they could not run away. The complainant, her husband

Narayan, his elder son Sonu, grand-son Saras, grand-daughter Nainsi and

Bhumi burnt. When daughter-in-law Asha came to extinguish fire, she also

got badly injured. On the basis of Dehati Nalishi, crime No.289/2019 was

registered at police Station, Kotwali, Distt. Guna. Dying declarations were

recorded. Injured Sonu, Narayan, Bhumi and Saras died during treatment.

After investigation, charge-sheet was filed and after trial, appellant has

been convicted and sentenced as aforesaid.

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 06-09-2023 It is submitted by learned counsel for the appellant that appellant has 10:18:45 AM

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

been falsely implicated in the case. In the said incident, appellant's

husband and her four years old son Saras have also died and no lady would

take such a extreme step with her own son & husband. It is the submission

of learned counsel for the appellant that actually it is a case of accidental

fire. In this regard, learned counsel for the appellant drew attention of this

Court to para 6 of the cross-examination of Singar Bai (PW-1) where she

states that she stated in her police statement (Ex.D/1) that her daughter-in-

law called her at 11 pm and they were discussing regarding another house,

at that juncture, appellant Rachna closed the gate of gallery and after

switching on gas, put milk on it for boiling and thereafter poured petrol

nearby, due to which it caught fire. During trial, she remained in custody

for 1480 days and thereafter from the date of judgment i.e. 4.5.2023 she is

in custody, thus, she has already suffered incarceration of about 4 years &

five months. She has a good case on merits. Final hearing of the appeal

will take time. On such premises, learned counsel for the appellant prayed

for bail.

Learned counsel for the State opposed the application and prayed for

its rejection.

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 06-09-2023 10:18:45 AM Considering the facts and circumstances of the case, but without

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

commenting anything on the merits of the case, IA.No.14369/2023 is

allowed and it is directed that jail sentence of appellant - Rachna Kushwah

will remain under suspension subject to verification that the amount of fine

has been deposited, on appellant's furnishing bail bond of Rs.50,000/-

(Rupees Fifty Thousand Only) with one solvent surety of the like amount

to the satisfaction of concerned Trial Court for her appearance before the

Principal Registrar of this Court on 18th December, 2023 and thereafter on

such further dates as may be fixed by the office of this Court in this regard

till disposal of the appeal.

C.c. as per rules.

                             (Rohit Arya)                          (Deepak Kumar Agarwal)
                                Judge                                       Judge
             ms/-




Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 06-09-2023
10:18:45 AM