Back
2010 Supreme(Chh) 248
HIGH COURT OF CHHATTISGARH, BILASPUR
Rajeev Gupta, & Sunil Kumar Sinha, JJ.
DUKALU & OTHERS – Appellant
Vs.
STATE OF M.P. (NOW C.G.) - Respondent
Criminal Appeal No. 594 of 1993,
Decided on 9-11-2010.
Mr. Abhay Tiwari, Advocate, for the Appellants.
Mr. Jameel Akhtar Lohani, Panel Lawyer, for the State.
The main legal point established in the judgment is the reliance on the sole testimony of a witness, particularly a relative of the deceased, and the application of Sections 149, 449, and 460 IPC in cases involving murder and house-trespass.
Headnote:
Conviction - Murder - 148 IPC, 149 IPC, 449 IPC, 460 IPC, 302/149 IPC - The judgment discusses the reliability of the sole testimony of a witness, the legal principles regarding the testimony of relatives of the deceased, and the application of Sections 149, 449, and 460 IPC in the case.
Fact of the Case:
The appellants were convicted for the murder of the deceased and his first wife. The conviction was based on the sole testimony of the second wife of the deceased, Surubali (PW-6), who witnessed the incident and provided detailed evidence.
Finding of the Court:
The court found the testimony of Surubali (PW-6) to be credible and reliable, as it was corroborated by medical evidence and the prompt lodging of the First Information Report (F.I.R.) by another witness. The court also set aside certain sentences imposed by the Sessions Court.
Issues: The main issue was the reliability of the sole testimony of a witness, particularly as she was a relative of the deceased. The court also addressed the application of Sections 149, 449, and 460 IPC in the case.
Ratio Decidendi: The court relied on legal principles established by previous Supreme Court judgments regarding the testimony of relatives of the deceased and the application of Sections 149, 449, and 460 IPC. It emphasized the need for careful scrutiny of the evidence and the corroboration of witness testimony.
Final Decision: The court partly allowed the appeal, confirming the conviction and sentences under certain sections while setting aside the sentences imposed under other sections. The appellants were directed to surrender immediately to undergo the remaining sentences imposed against them.
Sunil Kumar Sinha, J. : -
1. This appeal is directed against the judgment dated 15th of May, 1993 passed in Sessions Trial No. 153/92 by the First Additional Sessions Judge, Raigarh.
2. By the impugned judgment, the appellants have been convicted and sentenced in the following manner with a further direction to run the sentences concurrently : -
Conviction Sentence
u/s 148 IPC R.I. for 1 year
u/s 149 IPC R.I. for 5 years and fine of
u/s 449 IPC Rs.I00/-, in default R.I. for
u/s 460 IPC 1 month in each count.
u/s 302/149 IPC R.I. for life and fine of
u/s 302/149 IPC Rs. 1 00/-, in default R.I for
1 month (in two counts)
3. Appellant No.1- Dukalu died during the pendency of the appeal, therefore, the appeal filed on behalf of appellant No.1 has been dismissed as abated.
4. The facts, briefly stated, are as under : -
Appellant No.1- Dukalu and deceased -Kirtanram were real brothers. The Other appellants are sons of appellant No.1. The appellants were residing separately in village Semipali. Deceased- Kirtanram was also residing separately in the same village. They had ancestral property belong to their father Mohnoram. Mohnoram had given his entire lands to appellant No.1 Dukalu. However Kirtanram got the lands of his share in partition through court. Kirtanram was issueless. Belmati Bai (another deceased) was the first wife of Kirtanram. When Belmati did not get child, Kirtanram brought Surubail (PW-6), who was living with them as his second wife. There was no issue from the second wife also. Kirtanram started selling his property. The appellants were unhappy with the said act of deceased- Kirtanram. Even in one of the sale-deeds, son of appellant No.1 had filed objection in the mutation proceedings. Proceedings u/ss 151, 107 & 116 (3) Cr.P.C. were also drawn in the year 1998 on account of dispute between the two families. On a previous incident, deceased- Kirtanram has also filed a criminal complainant in the court of Judicial Magistrate First Class against appellant No.1 and appellant No.4 which was fixed forhearingon27.8.91. The case of the prosecution is that in the intervening night of 13th 14th July, 1991, the appellants made an unlawful assembly, participated in rioting with deadly weapons, and in furtherance of the common object of the said assembly, committed lurking house trace pass and entered into the house of the deceased and committed murder of Kirtanram and his first wife Belmati Bai. This was done with the intention that Kirtanram would not be able to sell more property and after the death of Kirtanram and his first wife, they would get entire property in reversioner’s right. The incident was witnessed by Surubail (PW -6 - second wife of deceased Kirtanram). The appellants, firstly tied the hands and legs of Surubali (PW-6) by saree. They also poured cloths in her mouth, and thereafter they committed murder of two deceased persons. After departure of the appellants from the place of occurrence, Surubali any how got her saree untied by using her teeth and immediately rushed to the villagers namely Nagaram, Shokilal (PW-1), Dinbandhu, Rajendra Kumar and Hari Prasad etc. Shokilal (PW-1) lodged the First Information Report (Ex.-P/l) in the concerned police station. Merg intimations (Ex.-P/2 & P/25) were also lodged by Shokilal. The Investigating Officer reached to the place of occurrence. After giving notices (Ex.-P/14 & P/15) to the Panchas, inquests on the bodies of the deceased persons were prepared under Ex –P/16 & P/17. Hands of deceased Kirtanram were tied with loongi. He had received multiple injuries. His dead body was lying in the courtyard of the house. The dead body of Bel mati Bai was also lying in the courtyard just at a distance of 5 feet from the dead body of Kirtanram. Her both legs were tied by a toliya. One danda was found inserted in the mouth of deceased Belmati Bai. She had also received multiple injuries. The dead bodies were sent for their post-mortem to
