NON-REPORTABLE
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 586 OF 2023 (Arising from SLP(Criminal) No.8692/2022)
The State of Madhya Pradesh …Appellant
Versus
Jad Bai …Respondent
J U D G M E N T
M.R. SHAH, J
Leave granted.
1. Feeling aggrieved and dissatisfied with the impugned judgment
and order dated 24.09.2019 passed by the High Court of Madhya
Pradesh, Bench at Indore in Criminal Appeal No. 1244/2011, by which
the High Court has allowed the said appeal preferred by the respondent
herein – Jad Bai and has acquitted her for the offences punishable under
section 302 read with section 34 of the Indian Penal Code (for short,
‘IPC’) by observing that the prosecution has failed to prove the case of
common intention against her, the State of Madhya Pradesh has
preferred the present appeal.
2. The respondent herein and the co-accused – husband and son of
the respondent, all were tried and ultimately convicted for the offences
1
punishable under section 302 read with section 34 of the IPC for having
killed Vesta, the deceased.
3. That an FIR was lodged by one Nanbai – wife of the deceased at
the Police Station Nanpur, alleging that on the Diwali night at about
10:00 or 11:00 pm the elder brother of her husband (Jeth) – accused
No.1 – Sekadiya and his son Mukesh – accused No.2 came to her
house to call her husband saying that there had been cooked ...