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

HON'BLE SHRI JUSTICE RATNESH CHANDRA SINGH BISEN

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ON THE 19 OF FEBRUARY, 2026 CRIMINAL APPEAL No. 10416 of 2023 THE STATE OF MADHYA PRADESH Versus KISHAN @ LAL SAHU AND OTHERS Appearance:

Shri Manas Mani Verma - Government Advocate for the appellant/State.

None for the respondents.

Reserved on : 02.02.2026 Pronounced on: 19.02.2026 --------------------------------------------------------------------------------------------------

J U D G M E N T Per: Justice Ratnesh Chandra Singh Bisen Shri Manas Mani Verma, learned Public Prosecutor for the appellant/State is heard finally.

2. This criminal appeal has been filed by the State under Section 378 of the Code of Criminal Procedure, 1973, challenging the impugned judgment dated 28.04.2023 passed by the learned Second Additional Sessions Judge, Anuppur, District Anuppur (M.P.) in Sessions Trial No. 58/2019 (State of M.P. Vs. Kishan @ Lal Sahu and others) whereby the learned trial Court has acquitted all the respondents of the charges under Sections 498-A, 304-B r/w

34 of the IPC.

3. The case of the prosecution, in a nutshell, is as under:-

3.1 The marriage of the deceased with the accused, Kishan Sahu, was solemnized in the year 2012. After a few years of marriage, while residing at her matrimonial home, the deceased was allegedly subjected to physical and mental cruelty by the accused in connection with unlawful demands for a motorcycle and cash as dowry. She had informed her parents about such harassment. Despite efforts made by her family to counsel the accused, the alleged cruelty continued.

3.2 On 02.11.2018, due to the alleged harassment, the deceased consumed a poisonous substance and was admitted in a critical condition to the District Hospital, Anuppur. The accused informed her family members. Upon receiving intimation, the police ensured her treatment. Although her condition initially showed improvement, she was subsequently referred for advanced medical care due to deterioration in her health. She was thereafter admitted to Vaidanta Hospital, Shahdol, where she succumbed to her condition on 08.11.2018 during treatment. The police at Kotwali Police Station, Shahdol, were informed.

3.3 Upon receipt of information, the police issued notice to the witnesses (Exhibit P1), initiated inquest proceedings, and prepared the necessary documentation. The body was sent to District Hospital, Shahdol, for post- mortem examination pursuant to application (Exhibit P11). The post-mortem report (Exhibit P14) was prepared and handed over to the police. As the matter pertained to Kotwali Police Station, Anuppur, the relevant documents were forwarded accordingly.

3.4 On the basis of the aforesaid, Kotwali Police Station, Anuppur, registered a crime and lodged the First Information Report (Exhibit P21). The Sub-Divisional Officer of Police conducted the investigation, prepared the spot map (Exhibit P20), seized the viscera of the deceased under seizure memo (Exhibit P13), and forwarded the same for chemical examination vide memorandum (Exhibit P28). The wedding card evidencing the marriage (Exhibit P4) was also seized. Statements of the deceased’s family members and other witnesses were recorded, and the accused were arrested.

4. Learned counsel for the appellant/State has submitted that the trial court wrongly acquitted the accused persons and did not properly consider the evidence on record. He submitted that the prosecution has proved that the deceased was married to the accused in 2012 and was harassed for dowry, including a motorcycle and cash. Her parents and family members stated that she had informed them about the physical and mental cruelty by the accused. According to the learned counsel, the deceased consumed poison on 02.11.2018 and died on 08.11.2018 during treatment. The medical and chemical reports confirm that her death was due to poisoning. The incident occurred within seven years of marriage, and