BHAWNA BAI Vs. GHANSHYAM

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of the impugned judgment and final order dated 25.02.2019 passed by the High Court of Madhya Pradesh at Indore Bench in Criminal Revision No.402 of 2019 in and by which the High Court has quashed the charges framed by the trial court/Additional Sessions Judge against respondent Nos.1 and 2/accused Nos.1 and 2.

(3.) Brief facts which led to filing of this appeal are as follows:- On 24.12.2015, the husband of the complainant-Gopal Saran at about 06.00 pm went saying to prepare food as he is going outside to plough the field and shall return by 09.00-10.00 pm. Even by 12.00 mid night, Gopal Saran did not return home; then his wife Bhawna Bai, appellant herein tried to contact him over his mobile; but he did not receive the call. The appellant informed her father-in-law who tried to search the deceased and there was no information about the deceased. On the next morning at about 08.00 am, the appellant-complainant and her family members came to know from the neighbours that Gopal Saran was lying in the tank//hose in the field of the first respondent-Ghanshyam. The appellant has alleged that when she tried to approach her husband then Ganesh s/o Mohanlal Kushwah prevented her going near her husband and locked her in a room and did not allow her to see her husband. The dead body of Gopal Saran was taken to government hospital. The appellant-complainant alleged that without informing her, post-mortem of her husband was conducted. Merg No.94 of 2015 was registered for investigation under Section 174 Crl.P.C.; but no case was registered against any person.