MP HC acquits woman after 14 years in prison, orders prosecution of police officers and witnesses

The Madhya Pradesh High Court has acquitted a woman who was in jail for 14 years in a murder case and ordered charges against five witnesses and three investigating officers for falsely accusing her of murder. The court said that if prosecution witnesses and investigating officers were allowed to remain quiet, it would encourage unscrupulous persons to falsely accuse innocent people.

The division bench comprising Justice GS Ahluwalia and Vishal Mishra also stopped the hearing and said it was really unfortunate that the trial judge treated the case in the most superficial manner and did not appreciate the evidence in the light of the provisions of law.

A resident of Piploda village in Khandwa district, Surajbai and her sister Bhuribai, then 20, were arrested in September 2008 for allegedly killing her brother-in-law Hari, alias Bhaggu, by administering poison and strangling her. The court found fault with the case that Surjabai and Bhuribai killed Hari and tried to prove it was suicide by hanging him from a neem tree.

Surajbai said that her mother-in-law informed her about the suicide. She took him to the hospital in a bullock cart and later informed the police. The women were convicted in December 2010 by a trial court in Khandwa. Bhuribai was released on bail, but Surajbai had been in jail since then. She filed an appeal against the judgment of the first instance court to the Supreme Court of MP.

The court found many loopholes. It was submitted that it appears that due to hostility towards the appellant Surajbai, the prosecution witnesses falsely implicated Surajbai.

The court held that since no one appeared on behalf of the appellant, in view of the judgment of the Supreme Court, the court itself perused the record of the hearing and examined the learned counsel for the State.

“The most unfortunate thing is that Bhuribai, Surajbai’s sister, who was pregnant, was also dragged into the rope without any base. “The prosecution did not prove that any poisonous substance was administered to the deceased at Surajbai’s house, but even the prosecution did not prove that it was Surajbai or Bhuribai who took the deceased to the hospital,” the court’s order said.

“Why didn’t the police investigate when and under what circumstances the deceased’s body was taken to the hospital and by whom? When the deceased Hari returned to Piplod village, there was also no investigation. Why the creator of the mixture or any other person who allegedly declared Hari dead was not investigated also remains a mystery? Why didn’t the police question the owner of the bull cart? It is therefore obvious that the prosecution witnesses gave false testimony before the court. Even the investigating officers, by leaving important connections untouched, made it easier for the witnesses to create a false case,” the court said.

The bench said, “Ironically, Surajbai was never granted bail after her conviction and as per information sent by the office of the superintendent of Indore Central Jail, the applicant Surajbai had already served an actual sentence of 13 years and 11 months in jail under section August 22, 2024 No one would be able to give back these days to the appellant Surajbai. Bhuribai has been in jail for 3 months and 4 days. The court has already considered the trauma Bhuribai must have suffered as she was imprisoned with her one-year-old daughter and three-year-old son. “In the circumstances, the court is of the considered view that if the prosecution witnesses and investigating officers were allowed to remain quiet, it would encourage such unscrupulous persons to falsely accuse innocent persons.”

The court ordered the court of first instance to initiate proceedings against these witnesses for giving false testimony to the court.

“The trial court must realize that it is dealing with human life and liberty and no one should be punished without sound principles of law. Blindly accepting the Examination-in-Chief of prosecution witnesses without testing it on the anvil of their cross-examination is not the right way to evaluate the evidence. The court of first instance should not forget that the hearing is the only tool in the hands of the accused that allows for the dismissal of the charges against him. It cannot be said that ignoring cross-examination is the proper method of resolving the trial. In the present case, one woman was imprisoned for 14 years and the other was forced to live in prison with her minor children. Therefore, the way the trial court handled the case is not appreciated,” the bench said.