Madhya Pradesh High Court Refuses Sentence Suspension in Sister’s Murder Case, Calls for Mental Health Policy in Schools

The Madhya Pradesh High Court at Jabalpur has refused to suspend the life sentence awarded to Khushboo @ Disha Awasthi and Rahul in a case involving the murder of Shikha Awasthi, observing that the recovery of the weapon from the accused’s house rendered the defence arguments untenable.

In a significant judgment, the Division bench of Justice Vivek Agarwal and Justice Ratnesh Chandra Singh Bisen directed the State to frame a policy on mental health, particularly focusing on youth and educational institutions.

The order was passed on February 20, 2026 in Criminal Appeal No. 2990 of 2025, arising out of the judgment dated December 18, 2024 delivered by the Additional Sessions Judge, Gadarwara, District Narsinghpur in Sessions Case No. 41/2023. The trial court had convicted Khushboo under Sections 302/34 and 201 of the IPC and sentenced her to life imprisonment along with seven years’ rigorous imprisonment respectively, with fines. Rahul was similarly convicted under Sections 302/34 and 201 IPC.

Appearing for the appellants, Ms. Neelima Giri Goswami argued that the case was one of false implication and absence of direct evidence. According to the prosecution, on February 22, 2023, Dr. Ananya Chouksey at Government Hospital, Sai Kheda, declared Shikha Awasthi dead. While relatives initially claimed she had slipped in the bathroom, the post-mortem revealed stab injuries on the head and neck, with the cause of death identified as shock and haemorrhage due to multiple stab wounds. The defence pointed to alleged inconsistencies in medical testimony, including the doctor’s admission that she could not specify which injury was caused by which weapon and uncertainty regarding whether the knife was sealed when sent for examination.

The State, represented by Government Advocate Shri B.K. Upadhyay, opposed the suspension plea, contending that human blood was found on Rahul’s shirt and that the knife and its broken handle were recovered from Khushboo’s house based on her memorandum. The prosecution also cited evidence suggesting that Khushboo harboured jealousy toward her sister, allegedly due to perceived preferential treatment.

After hearing both sides, the bench found the defence submissions insufficient to warrant suspension of sentence. The court observed, “The argument raised by the counsel for the appellant is irrelevant in view of recovery of knife and its handle from the house of Khushboo on the basis of her memorandum”. When the court expressed its disinclination to grant relief, the appellants’ counsel sought withdrawal of the application, which was accordingly dismissed as withdrawn.

However, the court did not stop at procedural closure. In a broader social commentary, the bench remarked that the 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”. It directed the Chief Secretary of Madhya Pradesh to frame a comprehensive policy focusing on mental health, especially among youth and the elderly.

The court further directed the State to endeavour to appoint mental health experts in schools and colleges and ensure their availability at least in district-level hospitals. It called for the establishment of mental health clinics equipped with competent professionals and infrastructure, and ordered that an action taken report be submitted within ninety days.

Case Title: Khushboo @ Disha Awasthi and Others v. The State of Madhya Pradesh

Date of Order: February 20, 2026

Bench: Justice Vivek Agarwal and Justice Ratnesh Chandra Singh Bisen