Madhya Pradesh High Court
The State Of Madhya Pradesh vs Sureshpal on 9 May, 2019
1 MCRC-4234-2019
The High Court Of Madhya Pradesh
MCRC-4234-2019
(THE STATE OF MADHYA PRADESH Vs SURESHPAL)
Jabalpur, Dated : 09-05-2019
Shri Puneet Shroti, Panel Lawyer for the petitioner/State.
Heard on the question of grant of leave to appeal.
This petition has been filed by the petitioner/State against the judgment dated
22.11.2018 passed by the Additional Sessions Judge, Nowgaon, District Chhatarpur in
Sessions Trial No. 90/2017 whereby the respondents have been acquitted from the
charge of offence punishable under Sections 304 Part B of Indian Penal Code in alternate Section 498-A of Indian Penal Code read with Section 3/4 of Dowry Prohibition Act.
Considering the contentions raised by learned Panel Lawyer for the State with regard to the evidence available on record, this Court is of the opinion that there is no cogent and trustworthy evidence available on record against the respondents to convict them for the charges levelled against them.
Rameshwar (PW-4)-father of the deceased himself admitted that when the four year old daughter-Jhilmil fell down in a well, her mother-deceased Kiran jumped into the well to save her. Both Jhilmil and Kiran died due to accidental drowning and not due to torture for non-fulfillment of dowry demand. Learned trial Court also found that the prosecution has failed to examine any independent eye-witness particularly the neighbors of the deceased.
In case of State of Uttar Pradesh vs. Wasif Haider & Ors. 2019(1) CCSC 277 (SC), the Hon'ble Supreme Court has observed that, 'in an appeal against acquittal, the appellate Court would interfere only where there exists perversity of fact and law [See Bannareddy and others v. State of Karnatak and others, (2018) 5 SCC 790 :
2018(2) CCSC 609 (SC)]. Further the presumption of innocence is further reinforced against the acquitted-accused by having a judgment in his favour [See Rabindra Kumar Pal @ Dara Singh v. Republic of India, (2011) 2 SCC 490 paragraph 94 :
2011 (2) CCSC 1997 (SC)].' In the light of the principal laid down by the Hon'ble Supreme Court, we are of
2 MCRC-4234-2019 the opinion that in the present case the findings of the trial Court is based on proper evaluation of the evidence on record. There is no perversity or illegality in the findings as recorded by the trial Court.
Accordingly, this petition stands dismissed. Leave as prayed for is refused.
(J.K. MAHESHWARI) (SMT. ANJULI PALO)
JUDGE JUDGE
vidya
Digitally signed by SREEVIDYA
Date: 2019.05.17 02:32:59 -07'00'