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2025 Supreme(Online)(SC) 10509

SUPREME COURT OF INDIA
HON'BLE MR. JUSTICE SANJAY KUMAR, HON'BLE MR. JUSTICE ALOK ARADHE
THE STATE OF MADHYA PRADESH – Appellant
Versus
JANVED SINGH – Respondent
Crl.A. No.-000460-000460 - 2014



Advocates:
Petitioner's Advocate: C. D. SINGH
Respondent's Advocate: ANIL SHRIVASTAV

2025 INSC 1229 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.460 OF 2014 STATE OF MADHYA PRADESH APPELLANT VERSUS JANVED SINGH RESPONDENT

JUDGMENT

ALOK ARADHE, J.

The law often steps into homes not to witness celebration, but to lift the veil from grief. The present appeal arises from such a home where warmth of a hearth turned into cold silence of death. The State challenges the acquittal of two men, the husband and father-in-law of young woman whose life ended in Signature Not Verified babita pandey Date: 2025.10.14 Reason:

2. This appeal by the State is directed against judgment and order dated 06.04.2010 in Criminal Appeal No. 66 of 2000, whereby High Court of Madhya Pradesh, Bench at Gwalior, has set aside the conviction and sentence of both the respondents, recorded by Sessions Judge for offences under Sections 302, 304B, 498A and 201 of the Indian Penal Code, 1860, and has acquitted them.

PROSECUTION CASE

3. The deceased Smt. Pushpa was married to accused No.2, Mahesh. The marriage however was beset with discord. The deceased was subjected to harassment and cruelty at the hands of her husband (A-2) and father-in-law Janved Singh (A-1), on account of demand for dowry.

4. On 31st December, 1997, accused No.1 lodged a report at Police Station, Gormi stating that when he returned from the agricultural field, he found the deceased lying dead and she died due to electrocution while ironing the clothes. On the basis of said intimation, the Police registered Merg report (Ex.P-16) under Section 174 of the Code of Criminal Procedure, 1973. After the preliminary inquiry, the Police converted the Merg into a regular Criminal Case and registered Crime No. 9/1998 for offences under Sections 302, 498-A, 193 and 201 read with Section 34 of the Indian Penal Code, 1860 (for short “IPC”).

5. During the investigation, Police found discrepancies in the scene of occurrence and the condition of the body of the deceased. The post-mortem examination conducted by Dr. Devendra Khare, revealed that cause of death was asphyxia due to strangulation and burn marks on the body were post-mortem. On completion of the investigation, the Police filed chargesheet for offences under Sections 498-A, 304-B and in the alternative 302 read with Section 149 and Section 147 of the IPC against five accused persons namely, Janved Singh (father-in-law), Mahesh Singh (husband), Ramkali (mother-in-law), Sharda (sister-in-law), and Ahivaran Singh (brother-in-law) of the deceased.

TRIAL AND CONVICTION

6. The prosecution during the course of the Trial examined as many as 20 witnesses and produced documentary evidence namely, Exhibits P-1 to P-19. The parents of the deceased Pushpa and her uncle namely, Sobran Singh (PW-2), Ilaychi Bai (PW-19) and Ramesh (PW-4) were examined. Ramesh (PW-4), the maternal uncle of deceased, corroborated the statements of the parents of the deceased. The Investigating Officer (PW-18) described the details of the recovery of material evidence and sequence of investigation. The defence examined one witness Shri Ram Singh (DW-1), who in his statement stated that deceased Pushpa’s death was purely accidental which was caused by electric shock while she was ironing the clothes and the accused have been falsely implicated.

7. The Sessions Court vide judgment dated 11th of January, 2000, on the basis of appreciation of evidence on record, held that theory of electrocution was wholly fabricated and deceased Pushpa’s death was homicidal in nature. The court further held that Mahesh Singh, the husband, was guilty of offences under Sections 304-B and 498-A of the IPC. It was also held that Janved Singh, the father-in-law, actively participated in the murder, fabricated a false report and attempted to cause disappearance of evidence. Accordingly, he was convicted under Sections 302, 498-A and 201 of the IPC and they both were sentenced to undergo rigorous imprisonment for ten years and rigorous imprisonment for life

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