Supreme Court of India

Shyam Kali Dubey vs The State Of Madhya Pradesh on 8 August, 2025

https://indiankanoon.org/doc/41596839

2025 INSC 947


Non-Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No.305 of 2011
Shyam Kali Dubey
…Appellant
Versus
State of Madhya Pradesh
…Respondent
JUDGMENT

K. VINOD CHANDRAN, J.

The appellant along with her husband was convicted for an offence under Section 302 of the Indian Penal Code, 18601 and sentenced to life imprisonment. The allegation was that the couple beat the deceased with sticks/lathi/danda in the premises of a temple and the victim succumbed to the injuries sustained. The motive was said to be an altercation that occurred in the afternoon when the appellant attempted to graze her cattle in the field of the deceased. The objection of the deceased NARENDRA PRASAD Date: 2025.08.08 18:52:02 IST Reason:

7. As we noticed, the body of the deceased was found by the police in the courtyard of his own house, while the incident is said to have occurred near the temple. When the incident occurred at 7 O’clock, there is no explanation as to why the injured victim was taken to the house and not to the hospital. At the cost of repetition, we have to reiterate the Doctor’s opinion that the death took place between 10 Criminal Appeal No.305 of 2011 to 12 O’clock while the incident is said to have occurred at 7 O’clock and the victim having died 10 minutes after being brought to the house.

11. In the conspectus of the above findings, we are of the opinion that the appellant should be given the benefit of doubt. The order of conviction entered into by the trial court and confirmed by the High Court stands set aside. The appellant, hence, stands acquitted and she shall be released forthwith, if she is not wanted in any other case, and if she is on bail, the bail bonds shall stand cancelled.

12. The Appeal is allowed.

13. Pending application, if any, shall stand disposed of.

………….……………………. J.

(K. VINOD CHANDRAN) ………….……………………. J.

(N. V. ANJARIA) NEW DELHI;

AUGUST 08, 2025.

Criminal Appeal No.305 of 2011