IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL &

HON'BLE SHRI JUSTICE RATNESH CHANDRA SINGH BISEN

nd

ON THE 2 OF FEBRUARY, 2026 CRIMINAL APPEAL No. 584 of 2016 THE STATE OF MADHYA PRADESH Versus SUDDU @ SURDARSHAN Appearance:

Ms. Shweta Yadav, learned Deputy Advocate General for the State.

JUDGMENT (Dictated in Open Court)

Per: Justice Vivek Agarwal This appeal is filed being aggrieved of judgment dated 15.09.2015 passed by learned Second Additional Session Judge, Gadarwara, District Narsinghpur (M.P.) in Sessions Case No.199/2013 whereby learned trial Court has acquitted the accused from charges under Sections 449 and 302 of IPC.

2. Learned counsel for the State, Ms. Shweta Yadav, submits that Ex.P-28 is the dying declaration of Lalita Mourya w/o Nirbhay Singh Mourya and in that dying declaration in which doctor has certified that she was in a fit condition to give her statements. Dr. Arun Sharma (PW-15) and Purvi Tiwari (PW-17) have proved this dying declaration and PW-17 has admitted that she recorded the dying declaration and, therefore, it is submitted that in view of the dying declaration there was no reason for the learned trial Court to record a finding of acquittal specially when dying declaration is duly corroborated and inspires confidence in terms of the evidence of Dr. Arun Sharma (PW-15) and Purvi Tiwari (PW-17).

3. After hearing learned Deputy Advocate General for the State and going through the record. Learned trial Court has referred to the spot map (Ex.P-8) and has stated that as per the dying declaration (Ex.P-28), it is mentioned that Lalita had come out to answer the call of nature when accused Sudarshan came and poured kerosine on her.

4. In the spot map (Ex.P-8) so also the spot map prepared by Patwari, Ex.P- 12, no toilet is shown but in the evidence of Nirbhay Singh (PW-1), who happens to be husband of Lalita, it has come on record that his house is open on two sides. Toilet is constructed in an open space on the Kulri road side. This witness has admitted that there are two courtyards in his house, and a person, if has to travel to the room marked as 'A' in the spot map (Ex.P-8), has to cross two courtyards before reaching that room.

5. When these facts are taken into consideration, then, admittedly, incident took place inside the room marked as place 'A' in the spot map (Ex.P-8). This place is accessible through courtyard, as stated by Nirbhay Singh (PW- 1), which is open from two sides only through the room marked as 'B'. Thus, if the husband of Lalita was lying on a bed in that portion, nobody could have entered the house without crossing Nirbhay Singh (PW-1).

6. Coupled with this fact, victim has changed the place of the incident. According to her, she was putting wheat bags from her flour mill in the room when she had come out to answer call of nature when Sudarshan @ Suddu came from somewhere and poured kerosine. However, neither the spot map nor the Patwari map, Ex.P-12, supports this aspect of prosecution story or dying declaration .

7. It has also come on record that no wheat/flour bags were found at the place of the incident. Thirdly, it has come record and admitted by Nirbhay Singh (PW-1) that he cannot state as to whether their house is on a government land or on a private land. Allegation is that accused was forcing the complainant party to remove their structure which according to the accused was constructed on the land of a school causing hindrance to the smooth functioning of school. It has also come on record and admitted by Nirbhay Singh (PW-1) that on the date of the incident it was Rangpanchami. It has come on record that there was a dispute/altercation between his son Ankit and Chotu son of Nirbhay Singh Raghuwanshi, who happens to be uncle of the accused person.

8. Thus, when law is that if dying declaration is trust worthy and it is free from embellishments, then conviction can be recorded on the basis of such dying declaration. But, if it is other