The State Of Madhya Pradesh vs Mohanlal @ Mohan Prajapati
2023 Latest Caselaw 15343 MP

                                                          1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                            ON THE 19 th OF SEPTEMBER, 2023
                                            CRIMINAL APPEAL No. 17 of 2023

                           BETWEEN:-
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION KOTWALI
                           DISTRICT DEWAS (MADHYA PRADESH)

                                                                                     .....APPELLANT
                           (BY SHRI RAJESH JOSHI - GOVERNMENT ADVOCATE)

                           AND
                           1.    MOHANLAL @ MOHAN PRAJAPATI S/O SHRI
                                 HEERALAL PRAJAPATI, AGED ABOUT 57 YEARS,
                                 OCCUPATION: BUSINESS, R/O BHERU MAHARAJ
                                 KE PASS, ITAWA DISTRICT DEWAS (MADHYA
                                 PRADESH)

                           2.    NANA @ ARTI PRAJAPATI W/O SUNIL PRAJAPATI,
                                 AGED ABOUT 27 YEARS, OCCUPATION: NOTHING,
                                 R/O KILKIPURA IDGAH MASJID KE PAS NAGDA,
                                 DISTRICT UJJAIN (MADHYA PRADESH)

                           3.    RAHUL PRAJAPATI S/O SHRI MOHAN PRAJAPATI,
                                 AGED    ABOUT     32   YEARS, OCCUPATION:
                                 AGRICULTURIST, R/O SHISHU VIHAR COLONY
                                 DEWAS (MADHYA PRADESH)

                           4.    SMT. CHANDABAI PRAJAPATI W/O MOHAN
                                 PRAJAPATI,  AGED    ABOUT    59    YEARS,
                                 OCCUPATION: HOUSEWIFE R/O M.N. 66 GALI N. 4
                                 SHANTIPURA DEWAS (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                           (BY SHRI YOGESH KUMAR GUPTA - ADVOCATE FOR RESPONDENT NO.4)

                                 This appeal coming on for admission this day, th e court passed the
                           following:
                                                           ORDER

Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 22-09-2023 10:17:58

This appeal filed under Section 378(3) of the Code of Criminal Procedure, 1973 against the order dated 25.07.2022 passed by the First Additional Sessions Judge, District Dewas, in Sessions Trial No.274/2016, whereby the respondents/accused have been acquitted from the offences under Section 306, 306/34 of the IPC.

2. Learned counsel for the appellant/State has submitted that in this case the deceased has committed suicide. It is further submitted that there is sufficient evidence available regarding abatement of committing suicide. In spite of that the trial Court has acquitted the respondents without appreciating the evidence of the prosecution.

3. Learned counsel for the respondents on the other hand has opposed the prayer and submitted that earlier in this case, the deceased has tried to commit suicide in which the said facts are available on record. She has already filed a case against the respondents and her family members under Protection of Women from Domestic Violence Act, 2005. Even in suicide note, she has alleged that her family members have not supported and the learned trial Court considered this facts and acquitted the respondents.

4. In view of the aforesaid, legal position and rival submissions, I have gone through the record and it is found that the ingredients under Section 107 of the IPC has not been complied with. On bear perusal of the suicide note. It is unearthed that the prosecution witnesses have conceded the allegations regarding earlier disputes between the deceased and her family members.

5. The trial Court has passed the judgment after proper evaluation of the evidence available on record, hence the judgment of acquittal does not warrant any interference.

6. In view of the aforesaid, the leave to appeal against acquittal of the Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 22-09-2023 10:17:58

respondents is hereby dismissed. Resultantly, the Criminal Appeal is dismissed.

(PREM NARAYAN SINGH) JUDGE Shilpa

Signature Not Verified Signed by: SHILPA NAGDEVE Signing time: 22-09-2023 10:17:58