Madhya Pradesh High Court
Divyangnath Rajak vs The State Of Madhya Pradesh on 4 August, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal, Avanindra Kumar Singh
NEUTRAL CITATION NO. 2025:MPHC-JBP:36213
1 CRA-12479-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
&
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
ON THE 4 th OF AUGUST, 2025
CRIMINAL APPEAL No. 12479 of 2023
DIVYANGNATH RAJAK
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ashish Kumar Kurmi - Advocate for the appellant.
Shri Manas Mani Verma - Government Advocate for the respondent No.1/State.
ORDER
Per: Justice Vivek Agarwal
This appeal is filed under Section 372 of Code of Criminal Procedure
being aggrieved of the judgment dated 24.08.2023 passed by learned Second
Additional Sessions Judge, Sagar (M.P.) in Sessions Trial No. 278/2016
(State of M.P. vs Brajendra Rajak and others) , whereby learned trial Court
has acquitted the accused persons from the charges under Sections 498-A,
306, 304-B of the Indian Penal Code and in the alternate Section 302/34 of
Indian Penal Code with Section 4 of Dowry Prohibition Act.
2. Shri Kurmi submits that victim's marriage was performed with Brajendra
Rajak on 09.03.2015. On 21.01.2016, victim had consumed poison. She died
on 01.02.2016. It is pointed out that as per Ex.P/23, report of the handwriting
expert from the Police Headquarters, handwriting of the deceased was found
to be matching with the letter, which was written by her marked as Q-1, with
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the copy which was seized in April, 2016. It is, thus, submitted that when
deceased has categorically mentioned in her letter Ex.Q-1 that she was being
harassed on account of Brajendra having extra marital affair and whenever
she used to object, he used to abuse her, is a sufficient piece of evidence to
convict the respondent No.2 Brajendra at least, if not all the other accused
persons.
3. In this backdrop, it is submitted that impugned judgment of the trial
Court having failed to take into consideration the importance of letter Q-1,
which is a letter written by the victim, which is found to be matching with
the copy of the victims vide report Ex.P/37, then there was no ground for
recording a finding of acquittal.
4. Shri Manas Mani Verma in his turn submits that impugned judgment has
taken into consideration all the factors available for recording acquittal. It is
submitted that standard writing was not available and Ex.P/35 was
admittedly seized in April, 2016. None of these witnesses spoke about this
so called standard handwriting of the victim, as contained in Ex.P/35 and
therefore, when these aspects are taken into consideration then, on the failure
of the prosecution to prove that Ex.P/35 is the authentic document in the
handwriting of the deceased, it's matching with Article Q-1 is not sufficient
to uphold conviction and that is why, the learned trial Court has recorded the
finding of acquittal.
5. After hearing learned counsel for the parties and going through the
records, there are allegations of demand of dowry, which have not been
substantiated by the prosecution witnesses. They are in the form of general
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and omnibus allegations. After investigation, charge-sheet was filed in the
Court of J.M.F.C., Sagar on 24.06.2016 against one of the accused Rammu
@ Ramshyam. Matter was committed and trial was conducted. In 313
statements, when accused persons were examined, they stated that they are
innocent. Respondent No.2 Brajendra stated that he had never tortured
deceased Deepa and she was suffering from some stomach ailment prior to
marriage. One day prior to the incident, she had returned back from her
parental house. She had brought medicine from her parental house, which
she had consumed, as a result of which, she was taken to the hospital.
6. Learned trial Court noted the evidence, which was adduced by the
prosecution witnesses so also the defence witnesses and found that as far as
letter bearing date 7/10 is concerned, that has not been matched against any
standard admitted document of the victim Deepa and has refused to accept
Ex.P/35 to be the accepted handwriting of deceased Deepa. Trial Court has
also recorded a finding that on 31.01.2016, the appellant had received a
phone call from his mother that Deepa was not keeping good health, then
they reached Tili Hospital. She was taken to Jabalpur, where she died.
7. PW-7 Dr. Prashant Awasthi, who was the member of the team, which
conducted post-mortem alongwith Dr. Kuldeep Nanda, stated that there were
no signs of any external injury on the body of the victim. Fingers were found
to be bluish in colour and therefore, her viscera was preserved to found exact
cause of death. As per the report of the State Forensic Science Laboratory, in
the viscera of the deceased, Aluminum Phosphide was found. She had
vomited and then on the date of incident, she was admitted at Ganesh
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Hospital, from where she was referred to District Hospital Sagar. In her pre-
MLC Ex.P/1, deceased had informed consuming of some unknown poison at
her home. Thus, the trial Court has drawn inference that prosecution has
failed to prove any of the charges under Sections 498-A, 306, 304-B, in the
alternative Section 302 of IPC or Section 4 of Dowry Prohibition Act.
8. After going through the evidence available on record, it is evident that
when ratio of law laid down by the Supreme Court in Chandrappa and others
vs State of Karnataka, (2007) 4 SCC 415 is taken into consideration, then law
is that where two views are possible on perusal of the record, one taken by
trial Court in favour of accused should not be disturbed by the appellate
Court. In the present case, ratio of law laid down in case of Chandrappa
(supra) is applicable in full force. It is also settled law that interference can be
made only when there is perversity to the judgment of the trial Court.
9. In Chabi Karmakar and others vs State of West Bengal, (2025) 1 SCC
398, under similar facts and circumstances, when deceased wife undisputedly
committed suicide within 7 years of marriage in her matrimonial house, but
none of the witnesses stated that such cruelty and harassment was in
connection with the demand for dowry and some general statements were
made by said witnesses with respect to the demand for dowry, it was to be
held that it is not sufficient to record conviction under Section 304-B of the
IPC.
10. When these facts are taken into consideration and on perusal of the
judgment, we do not find that it suffers from any infirmity or perversity
calling for interference. Therefore, the impugned judgment of acquittal is
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maintained. Appeal filed against acquittal having failed to point out any
perversity in the judgment is held to be maintained.
11. In the result, appeal filed by the appellant-Divyangnath Rajak is
dismissed. Case property be disposed of as per the orders of the learned trial
Court. Record of the trial Court be sent back.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
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