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

HON'BLE SHRI JUSTICE AJAY KUMAR NIRANKARI

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ON THE 14 OF JANUARY, 2026 CRIMINAL APPEAL No. 115 of 1996 STATE OF M.P.

Versus PRAHLAD SINGH & ORS. AND OTHERS Appearance:

Shri Yash Soni - Deputy Advocate General for the appellant/State.

None for the respondents.

ORDER Per: Justice Ajay Kumar Nirankari The instant criminal appeal has been preferred by the State against the st judgment of acquittal passed by the learned 1 Additional Sessions Judge, Damoh (M.P.) in S.T. No.95/94 whereby respondents have been acquitted from the offences punishable under Sections 304-B, 366 and 498-A of I.P.C.

2. Brief facts for adjudication of the matter are that on getting information about the death of deceased Draupadi Bai, a case under Crime No. 0 was registered at Police Station Kotwali, District Damoh. The police authority Kotwali prepared the lash panchnama and after postmortem, sent the matter for further investigation at Police Station Batiagarh, District Damoh (M.P.) where the merg was registered under Section 174 of Cr.P.C. which is inquired by SDOP Batiagarh.

3. The SDOP recorded the statement of witnesses, seized the articles and resultantly, the F.I.R. under Crime No.77/94 under Sections 304-B, 306/34 and 201 of I.P.C. was registered against the respondents. The police authority after concluding the investigation filed the challan with the allegations that the respondents who are relatives of deceased i.e. Prahlad Singh (Jeth), Rajaram (Dewar) and Komal Bai (Jethani) subjected to harassment for demand of dowry and due to said harassment, the deceased committed suicide and the accused persons created the situation to show the incident as an accident and just prior to committing suicide, the respondents treated badly and beaten the deceased by levelling the allegation of stealing of Rs. 200/-, therefore, prima facie case under Sections 304, 304-B, 306/34 and 201 of I.P.C. is made out.

4. The learned concerned Magistrate, District Damoh after appreciating the material available in the chargesheet committed the case and forwarded the same st to the Sessions Judge, Damoh for trial from where the case travelled to the 1 Additional Sessions Judge and registered as S.T. No.95/94.

5. The learned trial court framed the charges under Section 304-B of I.P.C and in alternate 306 of I.P.C. against the respondents. The respondents refused to accept the charges and wished to face the trial. The prosecution substantiated its case, examined total nineteen prosecution witnesses PW-1 to PW-19 and also exhibited ten documents Ex. P-1 to P-10.

6. Per contra, the respondents in their statement under Section 313 of Cr.P.C. stated that they are innocent persons. They have not committed any offence. They have been falsely implicated. The deceased has committed suicide. The respondents have also examined Defence witnesses DW-1 Pyarelal and DW-2 Hannu Singh. The learned trial court after appreciating the material available on record reached to the conclusion that the prosecution has failed to establish its case against the respondents beyond any reasonable doubt. Resultantly, the learned trial court acquitted the respondents from the alleged offences under Section 304-B and 306 of I.P.C.

7. Learned Deputy Advocate General has advanced the arguments that the learned trial court has committed grave irregularity and jurisdictional error in acquitting the respondents. The marriage of deceased and Gajraj was solemnized

1/2 near about 2 year ago.

8. PW-6 Shankar (father of the deceased), PW-7 Biniyabai (mother of the deceased), PW-8 Khittu (brother of the deceased) and PW-9 Halkai (brother of the deceased) have specifically stated that the marriage was solemnized with the promise to pay Rs.8,000/- and domestic articles to the respondents but at the time of marriage, only Rs. 6,000/- has been paid to them and for remaining Rs.2,000/-, the deceased was subjected to harassment and cruelty.

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