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2016 Supreme(SC) 481
SUPREME COURT OF INDIA
Prafulla C. Pant, D.Y. Chandrachud, JJ.
Jamnadas – Appellant
Versus
State of M.P. – Respondent
Criminal Appeal No. 156 of 2015 With Criminal Appeal No. 155 of 2015
Decided On : 29-06-2016
IMPORTANT POINTS
Accused cannot keep quiet and not offer any explanation as to cause of death of deceased.
Taking a plea proved to be false becomes additional link in the chain of circumstances, to complete the chain.
Headnote:(a) Criminal trial – Circumstantial evidence – Murder – Burden of proof on prosecution – Of a comparatively lighter character – Accused cannot keep quiet and not offer any explanation as to cause of death of deceased – Section 106, Indian Evidence Act, 1872. (Para 21, 22)
(1984) 4 SCC 116; (2006) 10 SCC 681 – Relied upon
(2010) 7 SCC 263; (2015) 7 SCC 178 – Distinguished
(b) Criminal trial – Circumstantial evidence – Deceased murdered inside the house and body thrown in the park Accused persons taking a blatant false plea that deceased was missing from the house after going to her relative’s place – Taking a plea proved to be false – Becomes additional link in the chain of circumstances, to complete the chain. (Para 26, 27)
(2015) 2 SCC 227; (2000) 5 SCC 7; (2013) 7 SCC 417 – Relied upon
(2004) 10 SCC 699 – Referred
(2004) 12 SCC 77 – Distinguished
© Criminal trial – Circumstantial evidence – Alibi – In view of complete chain of circumstantial evidence against appellants, their plea of alibi rejected as unacceptable – Conviction justified. (Para 30, 31)
Facts of the case:
It is a case where a young bride (Bhoomi @ Richa, married to Manoj) was brutally murdered within six months of her marriage, her body chopped off in two pieces and thrown in a park.
The trial court found the three accused, namely, Dhanwantari (mother-in-law), Jamna Das (father-in-law) and Manoj (husband) guilty of offence of murder with common intention punishable under Section 302 read with Section 34 IPC, and convicted them accordingly. Accused Dhanwantari was further convicted under Section 201 IPC for causing disappearance of evidence of murder. The trial court sentenced each of the convicts under Section 302/34 IPC imprisonment for life and directed to pay fine of Rs.5000/-. It was further directed that in default of payment of fine, the defaulter shall undergo further rigorous imprisonment for a period of one year. Convict Dhanvantari was further sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5,000/- in respect of offence punishable under Section 201 IPC and in default of payment of fine she was directed to undergo three months rigorous imprisonment. On other heads, the accused stood acquitted from the charge.
The three convicts filed separate appeals before the High Court and the same were heard together and disposed of by the common judgment and order impugned in these appeals.
Finding of the Court:
There is no infirmity in impugned judgment.
Result: Appeals dismissed.
JUDGMENT :
Prafulla C. Pant, J.
These appeals are directed against judgment and order dated 23.8.2012 passed by High Court of Madhya Pradesh, Bench Indore, whereby criminal appeal no. 977 of 2007 (filed by father-in-law of deceased), criminal appeal no. 993 of 2007 (filed by husband of deceased), and criminal appeal no. 1000 of 2007 (filed by mother-in-law of deceased) were dismissed. At the outset, it is relevant to mention that Special Leave Petition (Crl.) No. 9812 of 2013 filed by Dhanwantari (mother-in-law of deceased) was dismissed by this Court as withdrawn on 16.9.2014. The present criminal appeal nos. 156 of 2015 and 155 of 2015 have arisen out of Special Leave Petition(s) filed by father-in-law and husband of deceased, respectively.
2. It is a case where a young bride was brutally murdered within six months of her marriage, her body chopped off in two pieces and thrown in a park.
3. Prosecution story in brief is that on 16.9.2006 at about 19.50 hours (7.50 p.m.) PW 19 Constable Nirmal Kumar Patil received telephonic information at Police Control Room that a middle aged woman came on a scooty, and threw two bundles wrapped in bed sheets in Sewa Ram Zilani Garden, Patel Nagar, Indore, and that some blood stains were visible from the packets. On the basis of the telephonic information, Ext.P.33 was recorded at the Control Room. Within five minutes at about 19.55 hours (7.55 p.m.) the information was transmitted to the concerned police station Juni and information Ext. P.34 was recorded. After Dehati Murg intimation Ext.P.1 entered, PW 17 Head Constable Ashraf Ali left the Police Station Juni along with PW 12 Constable Mohd. M. Ahmad towards the spot. Enquiries were made in the same evening on which PW 1 Mukesh Jaiswal told that as usual on that day (16.09.2006) at about 5.30 p.m., he had gone to temple and was sitting with PW 5 Manohar @ Mannu, PW 4 Udhav Dass and PW 3 Narayana. They sent PW 2 Phugga @ Kamal to bring milk, and after sometime PW 2 Phugga @ Kamal came back and told them that one packet wrapped in colored bed sheet was lying in the park near walking track, in which blood spots were visible. The above named four persons with Phugga went towards the place, and saw the bundle with blood stains. Soon thereafter they saw a woman coming on an Activa who threw another packet, and went away. On this the telephonic information was given to the Control Room. Thereafter Murg inquiry was made by PW-35 SI Mohan Lal Purohit, who registered crime no. 431 of 2006 on the next day 17.9.2006 against unknown persons. Inquest report Ext.P-6 was prepared by the police on 17.9.2006 at about noon after dead body was identified as the one that of Bhoomi @ Richa by PW 6 Sanjay Chhabra, cousin of the deceased. The dead body was sent in a sealed condition for autopsy.
4. Thereafter, house of the appellants i.e. 40, Sarvodaya Nagar (Indore) was searched. During investigation blood stains were found in the house of the appellants. Samples of blood stains were taken and, search memo Ext.P-54, P-56 and P-57 prepared in the presence of PW 30 Suresh Neema and one Ramesh. Silver colour Activa bearing registration No. MP 09/JX-7556 was also seized.
5. The investigation revealed that marriage of Bhoomi @ Richa (deceased), daughter of PW-22 Rajesh Kumar Nachani, was solemnized with appellant Manoj on 22.4.2006 at Indore, whereafter she started residing in 40, Sarvodaya Nagar with her husband (Manoj), father-in-law (Jamnadas), Mother-in-law (Dhanwantari), brother-in-law (Vishal) and minor sister-in-law (Heena @ Madhuri).
6. On 19.9.2006, appellants Manoj and Jamnadas along with Dhanwantari (mother-in-law) were arrested. After their arrest, accused were medically examined by PW 27 Dr. G.L. Sodhi, who found marks of simple injuries on the person of Dhanwantari, and medical report Ext.P-50 was prepared. On 23.9.2016, Vishal (brother-in-law of decease
