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SUPREME COURT OF INDIA
A.K. Sikri, Prafulla C. Pant, JJ.
Harijan Bhala Teja – Appellant
Versus
State of Gujarat – Respondent
Criminal Appeal Nos. 2031-2032 of 2008
Decided On : 27-04-2016
(b) Indian Evidence Act, 1872, Section 106 – Appellant’s wife dying homicidal death – Appellant staying alone with his wife – It was for the appellant to explain the death. (Para 19)
(c) Criminal trial – Appellant burying his wife’s body in a hurry – Wife dying homicidal death – Medical evidence proving death due to strangulation – High Court rightly convicting appellant u/s 302 IPC. (Para 15, 16, 21)
(2002) 4 SCC 308 – Relied upon
(d) Administration of justice – When two views are possible and the trial court takes one possible view, it cannot be interfered – Instantly view taken by trial court is not a possible view – High Court rightly interfered. (Para 22)
Facts of the case:
Jivibai (deceased) was married to appellant Harijan Bhala Teja. They used to live in village Nani Chirai. The deceased was carrying pregnancy of eight months. The prosecution case is that she was murdered on 20.02.1985 between 08 hours to 12 hours by the appellant, by strangulating her, and burial was done without informing and waiting for arrival of any of relatives from the parental side of the deceased.
The trial court acquitted the accused.
The High Court found that the order passed by the trial court was perverse and against the evidence on record. It further held that charge of offences punishable under Sections 302 and 201 IPC is proved on the record, and convicted the accused.
Finding of the Court:
High Court rightly convicted the appellant.
Result: Appeal dismissed.
JUDGMENT :
Prafulla C. Pant, J.
1. These appeals are directed against the judgment and order dated 15.07.2008, passed by High Court of Gujarat in Criminal Appeal No. 411 of 1986, whereby the High Court has allowed the appeal filed by State of Gujarat, and set aside the judgment and order dated 31.12.1985 passed by Additional Sessions Judge, Bhuj in Sessions Case No. 26 of 1985, recording acquittal of Harijan Bhala Teja (appellant before this Court). The High Court has convicted the accused under Section 302 of Indian Penal Code (IPC). By separate order dated 21.07.2008, after hearing on sentence, the High Court has sentenced the accused to imprisonment for life and also directed to pay fine of Rs.100/-.
2. Prosecution story, in brief, is that Jivibai (deceased) was married to appellant Harijan Bhala Teja. They used to live in village Nani Chirai. The deceased was carrying pregnancy of eight months. The prosecution case is that she was murdered on 20.02.1985 between 08 hours to 12 hours by the appellant, by strangulating her, and burial was done without informing and waiting for arrival of any of relatives from the parental side of the deceased. On 01.03.1985, PW-1 Vaja Ala (father of the deceased) got information about death of his daughter, and suspected the foul play on the part of the appellant. He gave a report (Exh.-22) at Police Station, Bhachau. On this, PW-8 Sub-Inspector Hayatkhan, on instruction from in charge of the Police Station, went to the village and made inquiries. On 02.03.1985, Executive Magistrate of the area directed that the body be exhumed, on which in the presence of Panch witnesses body was taken out, and inquest report was prepared. Dead body was sent for post mortem examination. On 04.03.1985, PW-5 Dr. Gopal Karsan Hirani of G.K. General Hospital, Bhuj, conducted post mortem examination and prepared the autopsy report (Exh.-19). He opined that the deceased had died due to asphyxia on account of strangulation.
3. The investigation was conducted by PW-9 Sub-Inspector, Kalukha Kureshi, who, after interrogating the witnesses and on completion of investigation, submitted the charge sheet against the appellant for his trial and in respect of his offences punishable under Sections 302 and 201 IPC.
4. On committal of the case to the Court of Sessions, the charge was framed by Additional Sessions Judge, Kutch, Bhuj, on 30.11.1985 against the appellant relating to offences punishable under Sections 302 and 201 IPC, to which the appellant pleaded not guilty and claimed to be tried. On this, prosecution got examined PW-1 complainant Vaja Ala (father of the deceased), PW-2 Ramji (Sarpanch of village Nani Chirai), PW-3 Husen, PW-4 Devraj (a relative of the deceased and the appellant), PW-5 Dr. Gopal Karsan Hirani (who conducted post mortem examination), PW-6 Puna (uncle of the deceased), PW7 Saiyadsha Mat (in charge of Police Station, Bhachau), PW-8 Sub-Inspector Hayatkhan (who made preliminary inquiries), and PW-9 sub-Inspector Kalukha (who prepared inquest report after the dead body was exhumed and investigated the crime).
5. The documentary and oral evidence was put to the appellant on 30.12.1985 in reply to which he stated that the evidence adduced against him is not true. However, he did not lead any evidence in defence. The trial court, after hearing the parties, acquitted the accused holding that the prosecution has failed to prove charge. Aggrieved by said judgment and order dated 31.12.1985, passed by Additional Sessions Judge, Bhuj, in Sessions Case No. 26 of 1985, the State of Gujarat filed the appeal before the High Court. The High Court, on 06.08.1986, granted the leave, and admitted the appeal.
6. The High Court after re-examination the evidence on record found that the order passed by the trial court was perverse and against the evidence on record. It further held that charge of offences punishable under Sections 302 and 201 IPC is proved on the record, and convicted the accused, and sentenced him to impri
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