The State Of Madhya Pradesh vs Aashish
2023 Latest Caselaw 15193 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                       CRA No. 8929 of 2022
                                                 (THE STATE OF MADHYA PRADESH Vs AASHISH)

                          Dated : 14-09-2023
                                   Smt. Varsha Singh Thakur - GA for appellant/State.

                                   Shri Rishiraj Trivedi - Advocate for the respondent.

Heard on IA No.13256 of 2022, which is an application under Section 378(3) of Cr.P.C. for grant of leave to appeal.

Appellant has filed this application for grant of leave to appeal against impugned judgment dated 17.6.2022 passed by the Addl. Sessions Judge (Link

Court) Sanawad, District Mandleshwar (M.P.) in S.T. No.63/2020, whereby the respondent/accused Ashish has been acquitted from the charges under Section 306 and 201 of the Indian Penal Code, 1860 (in short "IPC").

Brief facts of the case are that marriage of the deceased Sheetal was solemnized with the respondent/accused Ashish on 7.5.2017 and in the intervening night of 21 and 22nd June, 2019 Sheetal died in a suspicious condition. Parents and other relatives of the deceased alleged that respondent doubted upon the character of the deceased and mentally and physically harassed her, due to which deceased committed suicide by hanging herself.

With intention to conceal the offence, respondent-husband did not inform the police and without conducting the postmortem of the deceased, he cremated the dead body of the deceased and her ashes and bones were immersed in the river.

On receiving the information, police registered the Merg and after the enquiry of Merg, crime under Section 306 and 201 of IPC has been registered.

After completion of the investigation, charge sheet has been filed before Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 15-Sep-23 10:11:55 AM

the trial Court, who committed to the Court of Sessions Judge, Mandleshwar and later on the case has been transferred to ASJ (Link Court), Sanawad. The accused abjured his guilt and pleaded complete innocence. After completion of the trial and scrutinizing the evidence available on record, the trial Court acquitted the respondent/accused from all the charges.

Learned counsel for the appellant submits that there is sufficient evidence available on record against the respondent regarding the aforesaid offence. The impugned judgment passed by the trial Court is against the law and facts available on record. Trial court has committed error in ignoring the evidence of Kanchan Bai (PW-1), Shubham (PW-2), Akhilesh (PW-3) and Mukesh (PW-4),

who have categorically deposed against the respondent that the respondent doubted upon the character of the deceased and prevented her from using the mobile and also locked her in the room. After the incident, accused did not inform the police. Therefore, the impugned judgment passed by the trial Court is not just and proper. Hence, she prays for grant of leave to appeal.

Per contra, learned counsel for the respondent/accused opposed the prayer by submitting that trial Court by the impugned judgment has properly appreciated the evidence available on record. Close relatives of the deceased from her parental side were present at the time of her funeral, but they did not immediately made any complaint to the police. Deceased has died due to the heart attack. Therefore, no scope is available for interference in the impugned judgment.

Heard learned counsel for both the parties and perused the entire record. From perusal of the record, it appears that marriage of the deceased was solemnized with the respondent on 7.5.2017 and it is crystal clear that deceased died within 7 yeas of her marriage . It has been contended by the respondent Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 15-Sep-23 10:11:55 AM

that deceased died due to the heart attack, but before the trial court medical document regarding the treatment of the deceased (Ex.D/1 to D/7) have been exhibited. Ex.D/2 to D/7 are the documents relating to treatment in the year 2017 and Ex.D/1 is also a document which belongs to the treatment in the month of March, 2019 and deceased has died in the month of June, 2019. The respondent/accused did not produce any document regarding the treatment of the deceased for heart problem. Even no death certificate has been produced by him showing that the deceased died due to the heart attack.

It was the duty of the accused to inform the police if his wife died within 7 years of the marriage in unnatural condition. Even the accused has not informed the relatives of the deceased, which is established from the statements of Kanchan Bai (PW-1), Shubham (PW-2), Akhilesh (PW-3) and Mukesh (PW-

4).

From perusal of the impugned judgment, it appears that the trial Court has not appreciated the evidence in its proper perspective and did not consider that death of the deceased is doubtful as well as the complaint made by her parents regarding ill-treatment of the respondent with his wife/deceased.

In view of the evidence available on record, IA No.13256 of 2022 is allowed. Accordingly, leave to appeal is granted.

Appeal is admitted for hearing.

(ANIL VERMA) JUDGE

trilok

Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 15-Sep-23 10:11:55 AM