Back
Murder Conviction Unravels: MP High Court Frees Couple, Blasts Fake Police Papers
In a scathing rebuke to shoddy policing, the has overturned life sentences for Kamlesh Bai Kushwaha and Raju Kushwaha in a 2017 murder case from Panna district. A division bench of Justice Vivek Agarwal and Justice Rajendra Kumar Vani , in a judgment, ruled that the prosecution's was hopelessly broken, tainted by "fictitious" . The court didn't stop there—it urged the to probe the involved officer and circulate the ruling as a warning against fabricated evidence.
A Suspicious Disappearance Turns Deadly Suspicion
The case stemmed from the alleged murder of Panthprakash Kushwaha on . Prosecution claimed his wife, Kamlesh Bai, and her purported lover, Raju Kushwaha, poisoned him with pesticides in a water bottle during a meeting near the office in Panna. They supposedly lured him there under the pretext of clearing Kamlesh's job application, then dumped his body in a jungle 4 km from Amanganj on a motorcycle.
A skeleton was recovered on , leading to convictions under (murder with common intention) and (causing disappearance of evidence) by the on . Each appellant got life imprisonment plus fines. The duo appealed, arguing the evidence was a house of cards.
Prosecution's Theories Crumble Under Crossfire
Appellants' counsel highlighted gaping holes: no proof of Kamlesh's job application despite available witnesses; unproven illicit affair; " " witness Ramzan Khan (PW 15) turning , denying spotting the trio together; and timelines proving memorandums (Exhibits P/16 and P/17) fake—recorded by Inspector D.K. Singh at 8:30-9:00 AM at Amanganj police station, while he was at the 4-km-distant crime scene at 8:30 AM per Scientific Officer Dr. Mahendra Singh's report.
PW 7 Chhotelal Kushwaha, the deceased's brother, admitted signing blank papers and never witnessing the affair or Raju staying over. No pesticide details (odor, color) linked to the recovered bottle, no call location data placing accused at key spots, and improper call detail certification under .
The state and objector countered with " " evidence, admitted affair, and a later mobile recovery (Exhibit P/28). But the bench found these unconvincing, especially with the witness and timeline contradictions.
Exposing the Fabrication: A Timeline Too Tight to Be True
The court zeroed in on investigative malpractice. Dr. Mahendra Singh's unexhibited—but usable per
—scene report showed SDOP V.S. Dhurve, Inspector D.K. Singh, and others at the jungle site by 8:30 AM, post a 7 AM PCR alert. Yet memos crediting Singh for leading accused to the body were timestamped identically at the station.
"Thus, it is evident that memorandum is a
which was prepared subsequently to rope in the accused persons,"
the bench declared.
Multiple memos and unsigned job application evidence further eroded the case. Unproven poison administration and animal scavenging possibilities in the jungle nursery added doubt.
Golden Chain Snapped: Echoes of Supreme Court Wisdom
Drawing from , the court reiterated the for circumstantial cases: circumstances fully established, consistent only with guilt, conclusive, excluding alternatives, and forming a leaving no reasonable innocence doubt. Recent SC nods in , , and others reinforced this.
Here, no
—no
, no affair proof, faulty recoveries. The trial court
"grossly failed to do justice,"
convicting on "
."
Key Observations
"When tested then none ofis complete. Judgment of conviction cannot be sustained in the eyes of law."
"Prosecution cannot be allowed to fictitiously create documents so as to seek conviction of innocent citizens of this country."
"We are of the opinion thatis not complete. There is no evidence of, conviction at the behest of the police personnel who have conducted not only faulty investigation but."
"is requested to circulate this judgment amongst all police personnel that if any of the act of the police person is found to be fictitious on creation of forged documents then departmental enquiry can be initiated against them. This will be a warning to a police person to be careful while carrying out an investigation."
Acquittal Ordered: A Call for Probe and Caution
The appeal succeeded; appellants were ordered released if not wanted elsewhere. Trial records returned, with a pointed request for DGP action against Inspector D.K. Singh. As news reports note, this underscores that
"Fabricated Or False Documents In Probe Will Invite Departmental Action."
The ruling fortifies safeguards in circumstantial murder trials, demanding ironclad evidence chains and ethical probes. It signals zero tolerance for police overreach, potentially spurring reviews in similar Panna cases and beyond.
