STATE OF MADHYA PRADESH Vs. MUKESH KEWAT

JUDGEMENT

(1.) Applicant/State has preferred this petition under section 378(3) of CrPC, 1973 for grant of leave to appeal against the judgment dated 10.9.2018 passed by First Additional Sessions Judge, Guna in Sessions Trial No.27/2017, whereby the respondents/accused have been acquitted from the charges under Sec. 304-B, in alternative, Sections 302 and 498-A of the IPC, as the charges were not found proved against the respondents beyond reasonable doubt.

(2.) Brief facts of the case are that on 13.9.2016 complainant Shardabai lodged a Dehati Nalishi at Police Chowki Madhusudangadh that in the previous night she along with her daughter-in-law Arti (deceased) and her son Arun took the meals together, thereafter her son had gone to Suthaliya to see the exhibition and each of them (she and her daughter-in-law) went in her separate rooms for sleeping. Her son returned back in the night at 12.01 o'clock and the door of Arti's room was closed from inside, therefore, it was got opened and then Arti was found to be hanged and the room was stinking like raticide, thereafter they got her down assuming her to be live but she had died. On this information, merg was recorded and after investigation and recording of statements of the relatives of the deceased, on the basis of merg enquiry and circumstantial evidence a case was registered against the respondents by the Police Station Jamner at Crime No.292/2016 for the offences punishable under Sections 304-B, 302, 498-B of IPC. After completing the due investigation, charge-sheet was filed against the respondents for the aforesaid offences.

(3.) Before the trial Court, Balveer Singh Mawai (PW-1), Shivraj Singh (PW-2), Sanjay Kumar Raikwar (PW-3), Bhaiyalal Sharma (PW-4), Prakash Narvariya (PW-5), Surendra Raikwar (PW-6), Vinod Raikwar (PW-7), Dr. Mukesh Sharma (PW-8), Shatrudhan Singh Bhadoriya (PW-9), Manish Dabar (PW-10), Vallabh Prasad (PW-11), Rajesh Raghuvanshi (PW-12), S.N.Mukharjee (PW-13) and Kamal Singh Mandeliya (PW-14) were examined as prosecution witnesses. However, the defence has produced Shambhu Singh (DW-1) and Pahalwan Singh (DW-2) were examined as defence witnesses.