Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Madhya Pradesh High Court: In a suspension of sentence application filed by a woman convicted of her sibling’s murder, the Division Bench of Vivek Agarwal and Ratnesh Chandra Singh Bisen, JJ., refused to grant the plea of suspension of sentence and bail, noting that the knife and its handle were recovered from the convicted sister’s house, who suffered from sibling jealousy. The Court also directed the State to appoint Mental Health Experts in schools and colleges and ensure their availability in at least district-level hospitals.
Background
As per the prosecution’s case, on 22 February 2023, a report was furnished by a government hospital doctor that a girl was brought for examination and thereafter, declared dead. As per the doctor, the deceased had stab wounds on the head and neck, which led to fatal shock and haemorrhage. However, the mother and sister, Convict 1, stated that the deceased died because of a fall in the bathroom.
Accordingly, a criminal case was filed, and the victim’s sister and another person were convicted under Sections 302, 201 and 120-B read with Section 34, Penal Code, 1860. Aggrieved, they filed an appeal and sought suspension of sentence along with bail via the present application.
The convicts contended that the government doctor admitted that she had separately described which of the injuries could have been caused by which weapon. She also admitted that the handle of the knife could not have been used to cause the incised wounds, and she did not remember whether the knife was sent in a sealed condition.
The State contested the present application, stating that human blood was found on the shirt of Convict 2. Additionally, they contended that the convicted sister of the victim was suffering from a complex as she felt that the deceased was being given more importance. Thus, her enmity and jealousy towards her sister resulted in the gruesome incident.
Analysis
Rejecting the arguments of the convicts as the knife and its handle were recovered from the convicted sister’s house, the Court refused to grant the relief of suspension of sentence and bail.
Considering the facts of the case, the Court directed the State to endeavour to appoint Mental Health Experts in schools and colleges and ensure their availability in, at least, district-level hospitals, remarking that, “Present case appears to be a case of mental depravity arising out of sibling jealousy, which needs to be addressed before it takes unruly dimensions in the society.”
Furthermore, the Court directed the Chief Secretary of the State to frame a policy regarding mental health issues with special focus on youth and the elderly. The Chief Secretary shall also direct the departments concerned to take appropriate action for the establishment of Mental Health Clinics equipped with competent persons and infrastructure in schools and colleges in District hospitals within its resources in a time-bound manner. Furthermore, the Chief Secretary shall file an action taken before the Court within 90 days.
Upon refusal to grant the plea, the convicts withdrew the application. Accordingly, the present application was dismissed as withdrawn.
[Khushboo v. State of M.P., CRA No. 2990 of 2025, decided on 20-2-2026]
Advocates who appeared in this case:
For the appellant: Neelima Giri Goswami
For the respondent: Government Advocate B.K. Upadhyay
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