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HIGH COURT OF ALLAHABAD
I.P. SINGH, R.P. SHUKLA, JJ.
Kewala Shanker - Appellant
Versus
State Of U. P. - Respondent
Cr. Appeal No. 2602 of 1977
Decided on : Apr 17, 1985
MURDER - SECTION 302 IPC - INTENTION TO CAUSE DEATH - EVIDENCE - CORROBORATION - ADVERSE PRESUMPTION - WITNESSES - SECTION 300 IPC - SUDDEN PROVOCATION - INTENTION TO CAUSE BODILY INJURY - SENTENCE.
Fact of the Case:
Kewala Shanker, the appellant, was convicted of murder under Section 302 IPC for causing the death of Smt. Malti Devi, the wife of his brother Aditya Nath. The prosecution alleged that the appellant struck Smt. Malti Devi on the head with a peg, causing injuries that led to her death. The appellant claimed that Smt. Malti Devi was injured during a fight between him and his brother Phool Chand.
Finding of the Court:
The court found that the prosecution had proven its case beyond a reasonable doubt. The court relied on the testimony of Smt. Son Pati, PW 4, who witnessed the appellant striking Smt. Malti Devi on the head. The court also found that the medical evidence corroborated Smt. Son Pati's testimony.
Issues: 1. Whether the prosecution had proven that the appellant caused the death of Smt. Malti Devi. 2. Whether the appellant had the intention to cause death or bodily injury sufficient to cause death. 3. Whether the appellant was entitled to the defense of sudden provocation.
Ratio Decidendi: 1. The court held that the prosecution had proven that the appellant caused the death of Smt. Malti Devi based on the testimony of Smt. Son Pati, PW 4, and the medical evidence. 2. The court held that the appellant had the intention to cause death or bodily injury sufficient to cause death based on the nature of the injuries inflicted on Smt. Malti Devi. 3. The court held that the appellant was not entitled to the defense of sudden provocation because there was no evidence of any provocation that would have justified the appellant's actions.
Final Decision: The court dismissed the appellant's appeal and upheld the conviction and sentence imposed by the trial court.
I. P. Singh, J.
1. Kewala Shanker, convict-appellant, has preferred this appeal against the judgment and order of Sri M. M. H. Siddiqui, Additional Sessions Judge, Gyanpur, Varanasi, dated 4-11-1977 passed in Sessions Trial No. 9 of 1977 convicting and sentencing the appellant under section 302 IPC to imprisonment for life.
2. Aditya Nath, complainant PW 1, Kewala Shanker, appellant, late Mata Sewak and Phool Chand are real brothers, being sons of Ram Chandra. Smt.Suraj Kali, PW 3, is the mother of the said four brothers. Smt. Malti Devi, deceased, was the wife of Aditya Nath, PW 1. Smt.Sonpati, PW 4, is the widow of Mata Sewak. All these persons live in one house in village Kedarpur, P. S. Gopi Ganj, Varanasi. Aditya Nath, complainant PW 1, used to live in Calcutta. His wife, the deceased, used to live in the village. She used to look after the Cultivation of her husband. Ram Karan was her harwaha (labourer servant).
The prosecution case is that on 10-7-1976 at about 6.30 a.m. Smt.Malti Devi, deceased, had gone to her Gorwar (where the cattle were tied in the field) to give fodder to her bullocks. The appellant told her that Ram Karan, harwaha, would plough his field that day. Smt.Malti Devi objected to it and did not agree to send her barwaha, Ram Karan, to plough the field of the appellant. Ram Karan would not go to the field of the appellant presumably without the permission of Smt.Malti Devi. The appellant started abusing Ram Karan. Smt.Malti Devi, deceased, protested against the said abuses to Ram Karan. Still the appellant insisted that Ram Karan would go to plough his field. The appellant uprooted the peg (Khoonta) from there and gave blows to Smt.Malti Devi. She fell down unconscious. Lateron she was removed to hospital Jangiganj from where she was directed to be taken to the hospital at Varanasi.
3. She was medically examined on 11-7-1976 at 11.30 a.m. Dr. R. M. Srivastava, Medical Officer, S.S.P.G. Hospital Varanasi. She was found to have on her person one stitched wound 2 cm long (3 stitches) on left side head 6 cm above left eye-brow. She was also found to have another stitched wound 3 cm (2 stitches) on left side head 10 cm above the left ear. In the opinion of the doctor, these injuries were about one day old and were caused by some blunt object. She was in a semi-conscious state. Lateron she expired in the said hospital on 23-7-1976 at 7.45 p.m. Her post-mortem examination was conducted on 24-7-76 at 3.35 p.m. by Doctor I. D. Misra, PW 6 Superintendent, S.S.P.G. Hospital, Varanasi. The following ante-mortem injures were found on her person :
1. Freshly healed stitches scar 2 cms long and 6 cms above the left eye brow on left side of forehead. 2. Infested, lacerated wound 3 cm x 1 1/2 cms x bone deep over left parietal 10 cm above the left ear. Internal examination revealed contusion 5 cms x 3 cms under the external injury No. 2. There was a fracture of left temporal bone extending upto tempory- parietal seeture. Brain was pressed on left side (parietal region) clue to haemotoma. There was also fracture of middle cranial fossa extending from left parietal to the sphenoid bone. Clotted blood was present in the middle cranial fossa. In the opinion of the doctor, death was caused due to the fracture of skull with subdural haematoma pressing over the brain. In his opinion the injuries were sufficient in the ordinary course of nature to cause death.
4. Aditya Nath, PW 1, was informed at Calcutta about the serious condition of his wife Smt.Malti Devi. So he came home and lodged FIR dated 17-7-1976 at P. S. Gopiganj, Gyanpur, Varanasi, to the effect that on 11-7-1976, Kewala Shankar, appellant, beat Smt.Malti Devi and turned her out of the house. She was beaten to such an extent that she was lying unconscious ever since in hospital at Varanasi.
The appellant's defence is that there happened to be a dispute between him and his brother, Phool Chand. Both started wielding lathis agairst each other. Smt.Malti Devi tr
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