Dhansingh vs Bhagwansingh
2023 Latest Caselaw 15455 MP

                                                           1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                           ON THE 20 th OF SEPTEMBER, 2023
                                          CRIMINAL APPEAL No. 11136 of 2022

                          BETWEEN:-
                          DHANSINGH S/O KASHIRAM, AGED ABOUT 40 YEARS,
                          OCCUPATION: NA VILLAGE KHEDI NAGAR TEHSIL
                          SHUJALPUR DISTRICT SHAJAPUR (MADHYA PRADESH)

                                                                                      .....APPELLANT
                          (SHRI VISMIT PANOT -ADVOCATE).

                          AND
                          1.    BHAGWANSINGH S/O BHAGIRATH MEWADA,
                                AGED ABOUT 29 YEARS, OCCUPATION: NA
                                VILLAGE KHEDI NAGAR, POLICE STATION
                                AKODIYA    TEHSIL  SHUJALPUR DISTRICT
                                SHAJAPUR (MADHYA PRADESH)

                          2.    SMT. RADHABAI W/O LATE BHOJRAJ, AGED
                                ABOUT 29 YEARS, VILLAGE KHEDI NAGAR, P.S.
                                AKODIYA,   TEHSIL   SHUJALPUR,  DISTRICT
                                SHAJAPUR (MADHYA PRADESH)

                          3.    THE STATE OF M.P. THROUGH P.S. GRP, UJJAIN
                                (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                          (SHRI VISMIT PANOT-ADVOCATE)

                                Th is revision coming on for hearing this day, th e court passed the
                          following:
                                                         JUDGMENT

Heard on IA No.15486/2022, an application for leave to appeal.

1.The present Criminal Revision has been filed under Section 378(4) of t h e Code of Criminal Procedure against the order of acquittal dated

Signature Not Verified Signed by: VARSHA DUBEY Signing time: 9/22/2023 8:22:09 PM

30.08.20122, passed in ST No. 63/2019, by learned ASJ, Ujjain (M.P).

2.As per the prosecution case, due to illicit relationship of Bhagwansingh and wife of the deceased(Bhojraj), the deceased has committed suicide by jumping in front of the train. Thereafter, a case was registered against the respondents namely Bhagwansingh and Radhabai(wife of the deceased).

3.Learned counsel for the appellant submitted that the learned trial Court has committed error by not considering the facts and circumstances of the case and by ignoring the statements of witnesses. The judgment is contrary to law and to the evidence available on record. It is therefore prayed that the order of the Trial Court be set aside and the accused be convicted for the aforesaid

offence.

4.In reply, learned counsel for the respondent submitted that the ingredients of Section 107 of IPC have not been complied with. The witnesses Gourabai (mother of the deceased ) (PW-2) and brother of the deceased, Vikram( PW-3) have not properly supported the case of prosecution. Hence, findings of the Trial Court is just and proper and order of acquittal cannot be converted into conviction.

5.In view of the aforesaid arguments, I have gone through the record.

6.It appears that the Trial Court has properly appreciated the testimony of prosecution witnesses, I, therefore, found that ingredients of abetment provided under Section 107 of IPC has not been fulfilled. Learned Trial Court relying upon the catena of cases, has come to the conclusion that the prosecution is unable to prove its case beyond reasonable doubt. Actually, abetment of suicide always involves mental process instigating a person to commit suicide. There should be clear mens-rea available on record. In this case, nothing was pointed out by the prosecution regarding the ingredients of Signature Not Verified Signed by: VARSHA DUBEY Signing time: 9/22/2023 8:22:09 PM

suicide. Hence, the order of acquittal does not warrant any interference.

7.In view of the aforesaid discussion, in entirety, the leave to appeal against acquittal is hereby dismissed.

8.Accordingly, IA No.15486/2022 stands rejected.

9.Consequently, the appeal stands dismissed.

(PREM NARAYAN SINGH) JUDGE VD

Signature Not Verified Signed by: VARSHA DUBEY Signing time: 9/22/2023 8:22:09 PM