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2020 Supreme(SC) 43

INDU MALHOTRA, AJAY RASTOGI
STATE OF MADHYA PRADESH – Appellant
Versus
BABBU RATHORE – Respondent


Advocates Appeared:
For the Petitioner(s):Rahul Kaushik, Advocate
For the Respondent(s):Rajesh Pandey, Mahesh Pandey, Shweta Mulchandani, Tanuja Manjari Patra, Aswathi M.K., Advocates

JUDGMENT

Rastogi, J.

1. Leave granted.

2. This appeal is directed against the judgment of the High Court of Madhya Pradesh dated 9th May, 2019 confirming Order of the trial Judge dated 24th July, 2015 whereby the respondents have been discharged from the offences under Sections 302/34, 404/34 of the IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989(hereinafter being referred to as “Act, 1989”) at the advanced stage of the trial when almost all the material witnesses have been examined by the prosecution which has given rise to this appeal.

3. The background facts in nutshell are that deceased Baisakhu, in a drunken state met Kamla Prajapati on road to ward no. 10, Pasia, Thana Anuppur, Anuppur, Madhya Pradesh. Kamla Prajapati took him to his house, but the deceased Baisakhu stated that he had to return two hundred fifty rupees to Nasru and requested him to take to his place. Upon insistence of deceased Baisakhu, Kamla Prajapati took him to the house of Nasru where accused Babbu Rathore was drinking liquor. Baisakhu stated that he wanted to have liquor so leaving him there, Kamla Prajapati returned back. When Ujaria Bai, the wife of


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