STATE OF MADHYA PRADESH Vs. BABBU RATHORE
LAWS(SC)-2020-1-41
SUPREME COURT OF INDIA
Decided on January 17,2020

STATE OF MADHYA PRADESH Appellant
VERSUS
Babbu Rathore Respondents


Referred Judgements :-

STATE OF M P VS. CHUNNILAL ALIAS CHUNNI SINGH [REFERRED TO]



Cited Judgements :-

NAGNATH RAMA ARJUN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-3-98] [REFERRED TO]
ZAKIR ABDUL MIRAJKAR VS. STATE OF MAHARASHTRA [LAWS(SC)-2022-8-82] [REFERRED TO]


JUDGEMENT

RASTOGI,J. - (1.)Leave granted.
(2.)This appeal is directed against the judgment of the High Court of Madhya Pradesh dated 9th May, 2019 confirming Order of the trial Judge dated 24th July, 2015 whereby the respondents have been discharged from the offences under Sections 302/34, 404/34 of the IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989(hereinafter being referred to as "Act, 1989") at the advanced stage of the trial when almost all the material witnesses have been examined by the prosecution which has given rise to this appeal.
(3.)The background facts in nutshell are that deceased Baisakhu, in a drunken state met Kamla Prajapati on road to ward no. 10, Pasia, Thana Anuppur, Anuppur, Madhya Pradesh. Kamla Prajapati took him to his house, but the deceased Baisakhu stated that he had to return two hundred fifty rupees to Nasru and requested him to take to his place. Upon insistence of deceased Baisakhu, Kamla Prajapati took him to the house of Nasru where accused Babbu Rathore was drinking liquor. Baisakhu stated that he wanted to have liquor so leaving him there, Kamla Prajapati returned back. When Ujaria Bai, the wife of deceased, went to house of Nasru to inquire about her husband, then Nasru told her that deceased Baisakhu had left with Babbu Rathore. The dead body of Baisakhu was recovered on 14 th July, 2011. Information of unnatural death was recorded by police and postmortem on the body of the deceased was conducted which proved death was unnatural and caused by asphyxia due to strangulation.
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