IMPORTANT POINT
Merely because a person is in the company of accused persons, he cannot be roped-in with the aid of section 34 and 120B, IPC.

Headnote:(a) Criminal Trial – Conviction – Sole eye witness, a boy of 13, identifying all the accused in TI parade as also in court – No infirmity in TI parade – Deposition of sole eye witness truthful and reliable – His presence cannot be doubted – He had no axe to grind against any of the accused – He specifying the details of the part which the accused played with reasonable particularity – Motive of murder established – No infirmity in conviction. (Para 19)
       (1970) 2 SCC 128 – Relied upon
       (1987) 3 SCC 331; AIR 1983 SC 367 – Distinguished
       (b) Indian Penal Code, 1860 – Section 34 and 120B – Accused Mahesh merely standing at the door – Not guarding other accused persons – Not even stopping sole eye witness from coming into the house – Not playing any part in the murder – No evidence of having common intention with other accused persons – Neither coming or leaving with others – Absence of any incriminating factor – Not safe to convict. (Para 22)
       (2012) 9 SCC 696 – Relied upon
       (2012) 9 SCC 249; AIR 1999 SC 1083; (1999) 8 SCC 555 – Distinguished
       Facts of the case:
       PW-1 – Dr. Sharda Prasad Tripathi is the husband of accused Shashi Tripathi. On 25.11.2003, when PW-1 – Dr. Sharda Prasad Tripathi came home from his clinic, found that his daughter-in-law Bhavna Tripathi has been murdered. He lodged a First Information Report (F.I.R.) on 25.11.2003 at about 20:45 hours. He deposed in court that on 25.11.2003, when he returned home he found his daughter-in-law -Bhavna and wife -Shashi lying in the courtyard. Bhavna was dead. Shashi was unconscious. There were numerous injuries, including incised wounds on Bhavna, none on Shashi.
       Accused Shashi Tripathi is the step mother-in-law of deceased Bhavna Tripathi. Bhavna was married to her step son – Jitendra Kumar in July, 2003. Shashi Tripathi used to be annoyed with Bhavna Tripathi on account of some domestic dispute. She engaged the other accused for murdering Bhavna.
       Shashi Tripathi, Mahesh and Binu @ Chandra Prakash were arrested on 29.11.2003. A bloodstained knife was taken into possession. The accused Raju @ Devendra Choubey was taken into custody on 22.12.2003.
       Trial court convicted all accused persons u/s 302 r/w 34 IPC. Conviction was maintained by the High Court.
       Finding of the Court:
       While conviction of three accused are in order, accused Mahesh deserves to be acquitted.
       Result:
       Criminal Appeal No. 867 of 2013 allowed. Criminal Appeal Nos. 822 of 2012, 589 of 2014 and Criminal Appeal arising out of SLP (Criminal) No. 3737 of 2014 dismissed.

JUDGMENT

S. A. BOBDE, J.

1. Leave granted in SLP (Crl.) No. 3737/2014.

2. These appeals are preferred by four accused against the common Judgment of the High Court of Chhattisgarh at Bilaspur, confirming the Judgment of the Additional Sessions Judge, Bemetara, District Durg, convicting the appellants under Section 302 read with Sections 34 and 120B of the Indian Penal Code [hereinafter referred to as “IPC”] and sentencing each of them to undergo imprisonment for life with a fine of Rs. 1,000/-, and in default, to undergo additional rigorous imprisonment for three months. These appeals have been taken up for disposal together since they arise from a common judgment of the High Court deciding the appeals of the accused.

3. The appellant -Raju @ Devendra Choubey (accused no. 4) has filed Criminal Appeal No. 822 of 2012. The appellant -Mahesh (accused no. 3) has filed Criminal Appeal No. 867 of 2013. The appellant -Beenu @ Chandra Prakash (accused no. 2) has filed Criminal Appeal No. 589 of 2014. The appellant -Smt. Shashi Tripathi (accused no. 1) has filed Criminal Appeal arising out of Special Leave Petition (Criminal) No. 3737 of 2014.

4. PW-1 – Dr. Sharda Prasad Tripathi is the husband of accused Shashi Tripathi. On 25.11.2003, when PW-1 – Dr. Sharda Prasad Tripathi came home from his clinic, found that his daughter-in-law Bhavna Tripathi has been murdered. He lodged a First Information Report (F.I.R.) on 25.11.2003 at about 20:45 hours. The crime was registered. He deposed in court that on 25.11.2003, when he returned home, he found servant Anil Kumar (PW-21) was weeping. When he went inside, he found his daughter-in-law -Bhavna and wife -Shashi lying in the courtyard. Bhavna was dead. Shashi was unconscious. There were numerous injuries, including incised wounds on Bhavna, none on Shashi.

5. After registration of the crime, inquest was conducted over the dead body of Bhavna on 26.11.2003. Post mortem was conducted by Dr. Naresh Tiwari and Dr. M. Deodhar, who gave their report which is marked as Exhibit P/18. Spot map was prepared by the Inquiry Officer (IO); bloodstained cloth of accused Shashi Tripathi was taken into possession along with broken bangles; bloodstained cement mortar and plain cement mortar were also taken into possession. Shashi Tripathi, Mahesh and Binu @ Chandra Prakash were arrested on 29.11.2003. A bloodstained knife was taken into possession. The accused Raju @ Devendra Choubey was taken into custody on 22.12.2003 and a Suzuki motorcycle was also taken into possession.

6. A test identification was conducted by the Executive Magistrate in the Sub Jail, Bemetara on 13.12.2003. A similar identification parade of Raju @ Devendra Choubey was conducted on 26.12.2003 after his arrest.

7. A sealed packet containing hair found in the grip of the deceased and another sealed packet containing bloodstained cloth of the deceased were taken into possession vide Exhibit P/35.

8. After committal, the Trial Court framed charges under Section 302 read with Sections 34 and 120B of the IPC. The prosecution examined 32 witnesses. No defence witness was examined after the statements of the accused were recorded under Section 313 of the Criminal Procedure Code, 1973.

9. According to the prosecution the accused Shashi Tripathi is the step mother-in-law of deceased Bhavna Tripathi. Bhavna was married to her step son – Jitendra Kumar in July, 2003. Shashi Tripathi used to be annoyed with Bhavna Tripathi on account of some domestic dispute. She engaged the other accused for murdering Bhavna. Bhavna was murdered on 25.11.2003 at about 18:30 hours in the house where she resided with Shashi Tripathi.

10. There is no dispute that Bhavna’s death is homicidal. Dr. M. Deodhar, who conducted the postmortem, opined that cause of her death was neurogenic and hemorrhagic shock. The injuries found on person of the deceased were as follows:

“External Injuries:

(1) incised wound on left scapular region of size 3 cm x 1 cm;

(2) incised wound on l

Click Here to Read the rest of this document

2014 Supreme(SC) 593

IMPORTANT POINTMerely because a person is in the company of accused persons, he cannot be roped-in with the aid of section 34 and 120B, IPC.

Cases Referred (7)

IMPORTANT POINT
Merely because a person is in the company of accused persons, he cannot be roped-in with the aid of section 34 and 120B, IPC.