SHASHI CHOUDHARY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) CASE diary is available.

(2.) AS per prosecution story, deceased Mukesh was husband of applicant No. 1 who got married to him in the year 2011. Applicant No. 2 Nimma Bai is the mother -in -law, applicant No. 3 Lallu Choudhary Mausia Sasur and applicant No. 4 maternal father -in -law. Deceased Mukesh had gone along with his wife Smt. Shashi Choudhary to his in -laws' house on 28.02.2012. The wife of the deceased did not return with him. When the deceased was returning home on the way he consumed some poisonous substance. Thereafter he was taken to Victoria Hospital, Jabalpur. During treatment he died on the next date i.e. 29.02.2012. During inquiry, the statement of the deceased was recorded on 28.02.2012 by police and a suicide note was seized on 29.02.2012 from his pant. After investigation, charge sheet was filed before the Court of Judicial Magistrate First Class, Sihora and in turn, the case was committed to the Court of Session the offence being triable by the Court of Session.

(3.) LEARNED counsel placing reliance upon the Apex Court judgment in the case of Sanju alias Sanjay Singh Sengar Vs. State of Madhya Pradesh - : 2002 AIR SCW 2035, pleads that if entire evidence is presumed to be correct no offence is made out against the applicants for levelling the charges under section 306 read with section 34 of I.P.C.