RAJEEV SHUKLA Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2018-6-124
HIGH COURT OF MADHYA PRADESH
Decided on June 21,2018

RAJEEV SHUKLA Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

S.K.GANGELE,J. - (1.) The appellant has filed this appeal against the judgment dated 23.12.2009 passed in Sessions Trial No.147/2007. He was prosecuted for commission of offence punishable under Sections 450, 376, 511 and 306 of IPC.
(2.) The prosecution story in brief is that the appellant entered into the residential house of the complainant. He had committed rape with the sister of the complainant. Due to the aforesaid act, she committed suicide. The appellant abetted the deceased to commit suicide. The Police conducted investigation and filed charge sheet against the appellant. He abjured his guilt. During trial he pleaded ignorance. The trial court acquitted the appellant from commission of offence punishable under Section 376 of IPC and held the appellant guilty for commission of offence punishable under Sections 450, 511 and 306 of IPC and awarded the sentence with fine stipulation as mentioned in the impugned judgment.
(3.) Learned counsel for the appellant has submitted that the trial court relied on the evidence of brother of the deceased which is contrary to medical evidence. The appellant himself received grievous injuries which have not been explained by the prosecution. The deceased also received injuries on her hands. This fact has not been explained by the prosecution. The evidence of Doctor to the effect that the deceased was beaten and thereafter she was hanged and she did not commit suicide. The deceased and appellant both were beaten by the family members of the complainant. The appellant is falsely implicated and he is liable to be acquitted from the charge. In support of his contentions learned counsel relied on the following judgments:- (a) Jodhan v. State of Madhya Pradesh, reported in (2015) 11 SCC 52, (b) Bhagwan Sahai and another v. State of Rajasthan, reported in (2016) 13 SCC 171,;


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