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2022 Supreme(Online)(MP) 5225

HIGH COURT OF MADHYA PRADESH
Vivek Russia, Satyendra Kumar Singh, JJ
Rajesh Sharma – Appellant
Versus
State of M.P. – Respondent


Advocates:
For the Appellants/Petitioners: S.K. Vyas, Harshwardhan Pathak
For the Respondents: Amit Singh Sisodia

Table of Content
1. circumstances surrounding the deaths and history of dowry demands constitute key evidence. (Para 1 , 2 , 3)
2. the execution of the investigation and evidence collection led to the prosecution's case. (Para 4 , 5)
3. circumstantial evidence gathered from witness testimonies implies guilt. (Para 6 , 7 , 8)
4. failure to provide an explanation strengthens the prosecution's case. (Para 10 , 11 , 12)
5. conviction based solely on circumstantial evidence without eyewitness account. (Para 13 , 14 , 15)

JUDGMENT

Per se Vivek Rusia, J :

The facts of the case, in short, are as under :

2. On 8.8.2005 at 2.15 am., the deceased-Rajni along with her 8 months daughter- Lata were found dead due to the burning inside the bedroom in suspicious circumstances. Appellant No.1 Rajesh and his brother Sunil (appellant No.2) were found extinguishing the fire with the help of other family members. Local inhabitants after noticing the smoke and fire reached the house of appellants and thereafter, the police and employees of the Madhya Pradesh Electricity Board also reached there. Appellant No.2 – Sunil lodged the report in Aarakshi Kendra Madhav Nagar, Ujjain which was registered Merg No.28-29/20

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