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NEUTRAL CITATION NO. 2026:MPHC-IND:22501

1 CRA-193-2015 IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE BEFORE

HON'BLE SHRI JUSTICE SUBODH ABHYANKAR &

HON'BLE SHRI JUSTICE ALOK AWASTHI th ON THE 12 OF AUGUST, 2026

CRIMINAL APPEAL No. 193 of 2015 SHEL BAI AND OTHERS

Versus THE STATE OF MADHYA PRADESH

Appearance:

Shri Anand Soni, learned counsel for the appellant.

Shri Harish Singh Rathore, learned Government Advocate for the respondent(s) / State.

RESERVED ON : 06.08.2026 PRONOUNCED ON : 12.08.2026

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ORDER

Per: Justice Alok Awasthi

As per PUD No.1076/Warrant/2026 dated 23.04.2026 received from Jail Superintendent, appellant No.2 - Lachchhu S/o Rama died on 06.05.2020 during the treatment at M.Y. Hospital, Indore. Hence, the appeal stands

abated in respect of appellant No.2.

02. The present Criminal Appeal has been filed under Section 374 of the Code of Criminal Procedure, 1973 being aggrieved by the judgment of conviction and sentence dated 03.01.2015 passed by the Sessions Court,

Signature Not Verified Signed by: RAVI PRAKASH Signing time: 12-08-2026

17:48:37

NEUTRAL CITATION NO. 2026:MPHC-IND:22501

2 CRA-193-2015 Jhabua in Sessions Trial No.48/2014, whereby the present appellant has been convicted for commission of offences punishable under Sections 450 & 302/34 of the Indian Penal Code and sentenced to under 03 years' rigorous imprisonment along with fine of Rs.500/-, Life Imprisonment along with fine

of Rs.2,000/- respectively with usual default stipulations.

03. The case, as alleged by the prosecution, in brief, is that on the night of 02.03.2014, informant - Jetabai and her husband namely Bucha were sleeping in their home in Village - Gola Chhoti. Their two sons had gone to work in Gujarat. The door of the house was locked and the lights were on. At around 01:00 am, Jetabai woke up to the sound of the door opening. She saw her brother-in-law, accused - Lachchhu entering into the house with a stone in his hand and hit Bucha on the head. His wife i.e. appellant - Shailbai / Shelbai, followed him and also hit Bucha on the hand. When Jetabai screamed, the accused fled from the spot. Bucha died on the spot. When Jetabai went out and raised an alarm, Jamsingh S/o Hira, Bhasu S/o Bhuru, Jemal S/o Ragu, Kalsingh S/o Lalchand and Nagarsingh S/o Limji arrived. Thereafter, Jetabai narrated the entire incident to them. On arrival of the Sarpanch and Tadvi, Jetabai came to Jhabua Police Station and lodged a

report of the incident as at 06:30 am.

04. Acting upon the aforesaid information, crime has been registered against the accused under Sections 452 & 302 of the IPC. The police reached on the spot, prepared spot map (Exhibit-P/5), Lash Panchayatnama vide Exhibit-P/6 and dead body was sent for autopsy. Blood-stained soil, plain soil, two blood-stained stone, a blood-stained shawl and a blood-stained mat

Signature Not Verified Signed by: RAVI PRAKASH Signing time: 12-08-2026

17:48:37

NEUTRAL CITATION NO. 2026:MPHC-IND:22501

3 CRA-193-2015 was seized from the spot.

05. Upon completion of investigation, charge-sheet was filed. The appellant abjured the guilt and pleaded for trial. After appreciating the evidence on record, the learned trial Court has convicted the appellant for

commission of aforementioned offences.

06. Learned counsel for the appellant submits that the present appellant is innocent and has falsely been implicated in the crime. There are material omissions and contradictions in the statement of prosecution witnesses. It is further argued that the conviction of the appellant is based on the statement of Jetabai (PW-1), who lodged the FIR. The contents of the FIR and the statements of this witnesses is contrary to medical evidence. As per the medical evidence, no injury was found on the hand of the deceased, however, this witnesses has deposed that Shailbai / Shelbai inflicted injury on