1

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1197 of 2011

STATE OF MADHYA PRADESH

...Appellant(s)

Versus

LAXMI NARAYAN

...Respondent (s)

O R D E R

We have heard learned counsel for the parties at length.

This appeal, by special leave, is directed against the final judgment

and order, dated 17.11.2006, passed by the High Court of Madhya

Pradesh at Jabalpur, in Criminal Appeal No. 1659 of 1999, whereby

the High Court allowed the same.

At the outset, learned counsel for the respondent has brought to our

notice that the respondent has already served eight years of

imprisonment.

It is seen from the material placed before us, that the High Court has

acquitted the accused by dis-believing the second dying declaration

which was relied upon by the prosecution. In the first dying

declaration which was recorded by the Executive Magistrate, who has

also been examined as witness, it has been categorically stated that

there was no harassment by the in-laws’ side and the husband was

Digitally signed by

SUKHBIR PAUL KAUR

Date: 2017.08.21

12:12:09 PKT

Reason:

Signature Not Verified

2

not there at the time of the incident. Additionally, there was no

mention of demand of dowry.

On the other hand the second dying declaration, which was recorded

after eight days of the incident by a different Executive Magistrate, is

contradictory to the first one.

In view of the subsequent dying declaration which appears to be

tutored at the behest of the family members of the deceased and

inconsistent with the earlier dying declaration, we see no reason to

interfere with the impugned judgment.

Accordingly, this appeal is dismissed.

............................. J.

(N. V. Ramana)

............................. J.

(Prafulla C. Pant)

New Delhi,

August 09, 2017

3

ITEM NO.109 COURT NO.10 SECTION II-A

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Criminal Appeal No(s). 1197/2011

STATE OF MADHYA PRADESH

Appellant(s)

VERSUS

LAXMI NARAYAN Respondent(s)

Date : 09-08-2017 This appeal was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE N.V. RAMANA

HON'BLE MR. JUSTICE PRAFULLA C. PANT

For Appellant(s)

Mr. Arjun Garg, Adv.

Mr. Mishra Saurabh, AOR

Mr. Manish Yadav, Adv.

For Respondent(s)

Mr. Raj Kishor Choudhary, Adv.

Mr. Shakeel Ahmed, Adv.

Ms. Sangita Rai, Adv.

For Mr. T. Mahipal, AOR

UPON hearing the counsel the Court made the following

O R D E R

This appeal is dismissed in terms of the signed order.

Pending applications, if any, stand disposed of.

(SUKHBIR PAUL KAUR) (S. SIVARAMAKRISHNA)

AR CUM PS ASST.REGISTRAR

(Signed order is placed on the file)