[Cites 5, Cited by 0]
Madhya Pradesh High Court
Murtuja Khan vs Shahrukh Khan on 19 February, 2026
Author: Vivek Agarwal
Bench: Vivek Agarwal
NEUTRAL CITATION NO. 2026:MPHC-JBP:14294
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
&
HON'BLE SHRI JUSTICE RATNESH CHANDRA SINGH BISEN
ON THE 19th OF FEBRUARY, 2026
CRIMINAL APPEAL No. 14711 of 2023
MURTUJA KHAN
Versus
SHAHRUKH KHAN AND OTHERS
Appearance:
Shri Mukesh Kumar Pandey - Advocate for the appellant.
Shri Veer Vikrant Singh - Deputy Advocate General for respondent/State.
Reserved on : 04.02.2026
Delivered on : 19.02.2026
JUDGMENT
Per: Justice Ratnesh Chandra Singh Bisen
This criminal appeal has been preferred by the
appellant/complainant, being aggrieved by the judgment dated
27.10.2023 passed by the Additional Judge to the Court of Additional
Sessions Judge, Amarwada in Sessions Trial No.18/2022, whereby
respondent Nos.1 to 3/accused persons were acquitted from the charges
under Sections 304-B, 498-A of IPC and Section 4 of Dowry
Prohibition Act.
2. The prosecution case, in brief, is that the deceased, Nuhi Khan,
was married to respondent No.1, Shahrukh Khan, on 29.07.2021 at
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Village Harrai, District Chhindwara, according to caste customs. At the
time of marriage, the family members of the deceased, according to
their status, gave dowry consisting of gold earrings, silver anklets, a
wooden cupboard, a wooden bed, a sofa with cushions, a dressing table,
a cooler, and various household articles including clothes and
utensils. The deceased lived peacefully at her matrimonial home for
about three months. Thereafter, her husband Shahrukh Khan allegedly
started physically and mentally harassing her for dowry, demanding
Rs.2,00,000/-, a colour television, and a washing machine. Her mother-
in-law, Rehana Khan, and sister-in-law, Hina Khan, allegedly taunted
the deceased on the ground that her father had not provided a colour TV,
washing machine, or gas stove, and subjected her to harassment by
quarrelling with her and compelling her to cook on a stove. Due to the
said harassment, on 14.10.2021, Nuhi Khan consumed Horpic at her
matrimonial home at Village Harrai. She was initially treated at Harrai
Hospital, thereafter at Chhindwara District Hospital, and subsequently
referred to hospitals at Nagpur and Betul Padhar. On 12.06.2022, while
being taken to Betul Padhar Hospital, Nuhi Khan died on the way. On
the basis of information given by the informant Kahkasa, a case under
Section 174 Cr.P.C. was registered at Police Station Kotwali, District
Chhindwara, as Dehati Marg No. 00/2022. Pursuant thereto, Marg
Intimation No. 22/2022 was registered under Section 174 Cr.P.C. and
the inquest diary was forwarded to Police Station Harrai. After
completion of the Marg inquiry by Police Station Harrai, a case under
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Sections 498-A and 304-B IPC and Sections 3 and 4 of the Dowry
Prohibition Act was registered against the accused persons vide Crime
No. 199/2022 and the investigation commenced. During investigation,
the spot map was prepared as Ex.P-16 and a letter was sent to the
Tehsildar, Harrai, for preparation of the site map. The site map was
prepared as Ex.P-13. Statements of witnesses were recorded. As per
seizure memo Ex.P-3, the list of dowry articles (Article A-1),
photographs (Article A-2), and marriage card were seized. The viscera
was sent for chemical examination to the State Forensic Science
Laboratory, Sagar, through the Superintendent of Police, Chhindwara,
vide draft Ex.P-22.
3. Heard the counsel for the parties.
4. Murtaza Khan (PW-1), father of the deceased, deposed that the
deceased Nuhi Khan was married to accused Shahrukh Khan on
29.07.2021. He stated that on 14.10.2021, he received information from
a family member of his son-in-law that his daughter had consumed
poison. He was informed that she was being taken to Chhindwara for
treatment. By the time he reached Chhindwara, she had already been
admitted to the hospital and was vomiting blood. He further stated that
Nuhi was first taken to Harrai Hospital, then to Chhindwara District
Hospital, and thereafter referred to Nagpur, where she was treated at
Mewa Hospital for about eight days, followed by treatment at Ayushman
Hospital, Nagpur. He stated that Nuhi used to tell him that her life was
in danger at her matrimonial home. He further stated that Nuhi orally
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complained to the Superintendent of Police, Chhindwara, in the
presence of the accused persons, but she was not taken along by the
police. He stated that Nuhi informed him that the accused persons
harassed her for dowry and demanded Rs.2,00,000/-, a gas stove, and a
colour television, and that due to such harassment she consumed Horpic.
He alleged that the accused persons did not bear the medical expenses of
Nuhi and that due to lack of treatment she died on the way to the
hospital. He stated that the accused persons were informed about her
death but neither they nor their family members came. He lodged
information at City Kotwali, which is Ex.P-1, and the police prepared
the Naksha Panchanama Ex.P-3. This witness was declared hostile and,
upon being put leading questions, admitted that when his son Sameer
and deceased Nuhi went to her matrimonial home, they requested the
accused persons to get her treated, but they were assaulted and not
provided treatment, for which a report was lodged by Nuhi at Police
Station Harrai on 26.01.2022 (Ex.P-4). In cross-examination, he
admitted that he had voluntarily given the dowry articles at the time of
marriage. He further admitted that Shahrukh's aunt Haseena, mother
Rihana, and Nuhi's sisters Kahkasa and Nusrat accompanied her to
Mewa Hospital, Nagpur. He admitted that after discharge from Mewa
Hospital, Nuhi was brought to Chhindwara, and that Shahrukh left her at
her parental home and returned to Harrai. Later, upon being informed,
Shahrukh came and took Nuhi to Nagpur Medical College and thereafter
to Ayushman Hospital, where she remained admitted for about 8-10
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days. He admitted that although a bill of Rs.1,75,000/- was generated, he
himself claimed the bill was Rs.65,000/-, and that the entire amount was
paid by Shahrukh. He admitted that Shahrukh deposited Rs.25,000/-
each on 07.06.2022 and 11.06.2022 into Nuhi's account and that
Shahrukh bore medical expenses amounting to approximately
Rs.2,50,000/-. He further admitted that Nuhi died while residing at her
parental home and that after consuming Harpic she never returned to her
matrimonial home.
5. Sameer Khan (PW-2), who is brother of deceased Nuhi Khan,
Kahkasha (PW-3) and Nusrat Khan (PW-4), who are elder sisters of
deceased Nuhi Khan and Shiraj Khan (PW-5), who is brother of
deceased Nuhi Khan, stated same version in their statements like
Murtaza Khan (PW-1).
6. Janwati Yadav (PW-6) deposed that when the father of the
accused Shahrukh had fallen down after being unconscious at home,
then he went to see him, then Nuhi had come from room and told that
she had consumed phenyl. The accused Shahrukh and his aunt Bhuriya
had taken Nuhi to Harrai Hospital and after that they taken her to
Chhindwara Hospital for treatment. This witness has been declared
hostile by prosecution and asked leading question, but she did not say
anything against the accused persons.
7. Sunita (PW-7) deposed the same version like Janwati Yadav.
She has also been declared hostile and asked the leading question, but
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she did not support the prosecution version.
8. Shahnawaj Khan (PW-8) deposed that Nuhi was his sister-in-
law. He stated that the Naksha Panchayatnama Ex.P-2 was prepared by
the police in his presence.
9. Vikram Singh Thakur (PW-9) stated that he was posted as Naib
Tehsildar in Chhindwara, District Chhindwara on 14.10.2021 and
deposed that after receiving information that Nuhi had been treated in
Chhindwara District Hospital, he reached there and recorded the dying
declaration of the Nuhi Khan in which Nuhi stated that she consumed
phenyl on her own freewill, she has no problem with anyone and
everyone in the family is fine, she also denied that she has any problem
from any member of family or other any person. He also stated that
dying declaration is Ex.P-7. He also stated after receiving information
from In-charge Police Station - City Kotwali, District Chhindwara for
proceeding of dead body panchnama. Letter is Ex.P-8. On said date after
inspection of dead body, he had prepared Ex.P-2 in the presence of
Panch witnesses namely Mursarat, Siraj, Athar and Sahnawaj, who are
members of Murtaza family.
10. Dr. Chintan Paliwal (PW-10) stated that she was posted as
Medical Officer at Primary Health Centre Surlakhapa in year 2021. On
14.10.202, deceased Nuhi Khan had been brought to C.H.C. Harrai for
treatment after consuming Harpic. For further action, she had sent a
written information to In-charge Station House Officer, Harrai.
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Information is Ex.P-9. On the said date, she conducted a medical
examination of Nuhi Khan. She stated that Nuhi Khan's case involved
poisoning. The victim was fully conscious, her body temperature was
normal. Her blood pressure was 121/64 and her pulse rate was 54 beats
per minute. Upon examining the victim's central nervous system, she
found that she was fully conscious and alert. Both chambers of the
victim's heart were normal and heartbeat was audible. The victim's
stomach and digestive system were functioning normally. The
respiratory system was also functioning normally. When the victim was
brought to her, she had reported experiencing abdominal discomfort and
profuse vomiting and she stated that she had ingested Harpic. She stated
that upon her examination, her respirator status was normal. She further
stated that as per her opinion, the deceased condition was normal, but
she advised that to the deceased to Chhindwara Hospital or Narsinghpur
Hospital. Her report is Ex.P-10.
11. Shatrudhan Singh (PW-11) stated that on 18.07.2022 he was
posted as Patwari in Patwari Halka No.48 of Tehsil Harrai. He stated
that on said date, in compliance with the order of Tehsildar Harrai, he
went to the place of occurrence and after inspection, he prepared the
place Panchanama (Ex.P-12) in the presence of the witnesses and also
prepared spot map Ex.P-13. After preparation of place Panchnama and
spot map, he had prepared a report Ex.P-14 and submitted to Tehsildar
Harrai.
12. Ravindra Mishra (PW-12), SDOP, Amarwada, deposed that
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after completion of Marg inquiry, FIR Crime No. 199/2022 was
registered against the accused persons under Sections 498-A and 304-B
IPC and Sections 3 and 4 of the Dowry Prohibition Act. He proved
preparation of spot map Ex.P-16, arrest memos Ex.P-17 to Ex.P-19,
Sanha entries Ex.P-20 and Ex.P-21, and prior complaints lodged by the
deceased. In cross-examination, he admitted that the FIR was registered
22-23 days after the death and that the dying declaration Ex.P-7 stated
that the deceased had no grievance against any family member. He also
admitted that the deceased died approximately eight months after giving
the said statement.
13. Upon careful consideration of the record, evidence, and
submissions advanced on behalf of the appellant, this Court finds no
merit in the present appeal. The prosecution has failed to establish the
essential ingredients required for sustaining conviction under Sections
498-A and 304-B of the Indian Penal Code beyond reasonable doubt.
14. The marriage between the deceased Nuhi Khan and accused
Shahrukh Khan took place on 29.07.2021. The alleged incident of
consumption of Harpic occurred on 14.10.2021, while the death of the
deceased occurred nearly eight months thereafter during the course of
medical treatment. The prosecution has not been able to prove that the
death occurred "soon before" any alleged cruelty or harassment in
connection with dowry demand, which is a mandatory requirement for
invoking Section 304-B IPC.
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15. The most material piece of evidence on record is the dying
declaration of the deceased (Ex.P-07), recorded by PW-9, a Naib
Tehsildar, in the presence of a medical officer who certified the fitness
of the deceased to give a statement. In the said dying declaration, the
deceased categorically stated that she consumed toilet phenyl voluntarily
and that she had no grievance or complaint against any family member.
The declaration was recorded after removing relatives from the ward
and has been proved to be voluntary, consistent, and free from any
pressure or influence. The dying declaration, therefore, carries
substantial evidentiary value and inspires full confidence of this Court.
16. Independent witnesses PW-6 Janwati Yadav and PW-7 Sunita
Pagare, who were present at the place of incident, have consistently
stated that the deceased herself disclosed that she had consumed
Harpic/phenyl. Both witnesses have further admitted in cross-
examination that the deceased was treated well by the accused and that
there were no disputes or acts of cruelty. Their testimonies materially
weaken the prosecution version regarding alleged harassment or dowry
demand.
17. The testimony of PW-1, father of the deceased, though alleging
dowry demand, suffers from material omissions and contradictions. He
admitted in cross-examination that no complaint regarding dowry
demand was lodged during the lifetime of the deceased and that all
marriage articles were given voluntarily. He further admitted that the
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accused had arranged medical treatment for the deceased and had spent a
considerable amount on her treatment. The delayed registration of the
FIR, nearly 22-23 days after the death of the deceased, further casts
doubt on the prosecution case.
18. Medical evidence led through PW-10 establishes that at the time
of initial examination the deceased was conscious, oriented, and
medically stable. The prosecution has not produced any medical or
circumstantial evidence to establish that the accused either abetted the
consumption of poison or subjected the deceased to cruelty of such
nature as would drive her to commit suicide.
19. In view of the clear and categorical dying declaration,
corroborated by independent witnesses and supported by medical
evidence, this Court is of the considered opinion that the prosecution has
failed to prove its case beyond reasonable doubt. The findings recorded
by the learned trial court are based on proper appreciation of evidence
and do not suffer from any perversity or legal infirmity warranting
interference by this Court.
20. Accordingly, the appeal is dismissed and the judgment of the
trial court is affirmed.
21. Record of the trial Court be sent back.
(VIVEK AGARWAL) (RATNESH CHANDRA SINGH BISEN)
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JUDGE JUDGE
sp/-
