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1957 Supreme(MP) 138
High Court Of Madhya Pradesh
A. H. Khan and Samvatsar, JJ.
STATE OF MADHYA PRADESH - Appellant
Versus
BANSHILAL BEHARI - Respondents
Criminal Appeal 43 Of 1957
Decided On : 08/14/1957
The court emphasized the importance of scrutinizing the evidence carefully, especially when there are contradictions and inconsistencies in the testimonies of witnesses. The court also highlighted the need for a strong and convincing motive in murder cases.
Headnote:
CRIMINAL APPEAL - MURDER - CONVICTION AND SENTENCE - CONFIRMATION OF DEATH SENTENCE - EYE-WITNESSES' TESTIMONIES - RELIABILITY - MOTIVE - EVIDENCE - SCRUTINY - RECOVERY OF WEAPON AND CLOTHING - CIRCUMSTANTIAL EVIDENCE - SUFFICIENCY - COURT'S ANALYSIS AND CONCLUSION.
Fact of the Case:
The accused, Banshilal, was convicted and sentenced to death for the murders of Banwari and his mother, Mst. Bhanwari Bai. The case was sent to the High Court for confirmation of the death sentence.
Finding of the Court:
The High Court found that the testimonies of the eye-witnesses were unreliable due to contradictions and inconsistencies. The motive for the murders, as suggested by the prosecution, was weak and unconvincing. The recovery of the weapon and clothing, allegedly used in the crime, was not sufficient to establish the guilt of the accused.
Issues: 1. Reliability of the eye-witnesses' testimonies. 2. Sufficiency of the motive for the murders. 3. Significance of the recovery of the weapon and clothing.
Ratio Decidendi: 1. The court held that the testimonies of the eye-witnesses were unreliable due to contradictions and inconsistencies. The witnesses made several false statements, which raised doubts about their credibility. 2. The court found that the motive for the murders, as suggested by the prosecution, was weak and unconvincing. The accused had good relations with the deceased, and there was no evidence of any hostility between them. 3. The court held that the recovery of the weapon and clothing, allegedly used in the crime, was not sufficient to establish the guilt of the accused. The accused had gone to the police station soon after the incident, and there was no time for him to change his clothes or wash the weapon.
Final Decision: The High Court allowed the appeal, set aside the conviction and sentence, and acquitted the accused.
( 1 ) THE accused appellant Banshilal son of Biharilal, has been convicted by the additional Sessions Judge, Bhilsa (Camp Rajgarh), for the murders of Banwari, aged 22 years, and his mother, Mst. Bhanwari Bai, under Section 302, and, sentenced to death. The learned Additional Sessions Judge has sent the case to this Court under Section 374 of the Code of Criminal Procedure for confirmation of the death sentence and it is registered as Criminal Case No. 2 of 1957. The accused has also filed an appeal (Criminal Appeal No. 43 of 1957) against his conviction and sentence. Both the cases are being disposed of by a single judgment.
( 2 ) THE story sought to be proved 'by the prosecution is that Ishwar Maharaj and accused Banshilal are uncle and nephew and that they both lived in their ancestral house in village Barkheda. They also possessed ancestral land measuring about 7 1/2 Bighas. This land was partitioned between the uncle and the nephew about 25 years back. Ishwar Maharaj had no issue and the expectation of Banshilal was that on his death this property will devolve upon him as his legal heir. But Ishwar Maharaj was not favourably inclined towards Banshilal and wanted to leave his property to Banwari, the son of his sister's daughter. In these circumstances, Ishwar Maharaj's sister's daughter Mst. Bhanwari Bai, and, her son banwari lived with Ishwar Maharaj This is said to have caused bitter relations and the accused is said to have borne a grudge towards Mst. Bhanwari Bai and her son banwari, and, he wanted to finish them off so that there may not be any obstacle in the way of inheriting Ishwar Maharaj's property. It is alleged that on 18-6-1956 at about 4 A, M. , when Mst. Bhanwari Bai and her son Banwari Lal were sleeping in the court yard of Ishwar Maharaj's house, the accused who was living in the adjoining house, went there with a sword and first killed Banwarilal. Thereafter he inflicted many injuries with the sword on Mst. Bhanwari Bai also. Ishwari Maharaj (P W. 7) and Ishwar Ahir (P. W. 9), Shivji (P. W. 10) were sleeping outside the house. When they heard the shrieks of Mst. Bhanwari Bai, Ishwar Maharaj thought that perhaps she has had bad dreams and was muttering in her sleep. Soon after this, mst. Bhanwari Bai came out of the house to the place where Ishwari Maharaj P. W. 7 was sleeping and told Ishwari Maharaj, Shivji and Ishwar Ahir that Banwari Lal had been billed by Banshilal and that she too had been injured by him. She conducted these persons (P. Ws. 7, 9 and 10) to the court-yard where they found Banwari dead. After some time Mst. Bhanwari Bai also succumbed to her injuries On seeing these witnesses, the accused is said to have run away. It is said that the accused went to the Police Station Biaora and informed the Officer incharge of Station that some unknown person had killed Mst. Blianwari Bai and banwari, but the Sub-Inspector did not take down the report, all the same he detained Banshilal. At that time, Banshilal did not have either a sword with him nor was he wearing any blood stained clothes. Subsequent to this, a report Ex. P. 1 was lodged by jagannath (who was sent by Ishwar Maharaj) about this incident and because the accused was already at the Police Station, he was arrested. It is significant that in this report, Ex. P. 1 it was not said that Ishwari Maharaj saw the accused killing banwari. What Jagannath reported was "that Bhanwari's maternal uncle Ishwar maharaj was saying that Ban-shi had brought this calamity on them. "
( 3 ) ACCORDING to the prosecution, there are three eye-witnesses in this case: ishwari Maharaj P. W. 7, Ishwar Ahir P. W. 9 and Shivji P. W. 10.
( 4 ) ISHWARI Maharaj P. W. 7 in his deposition has said that he was sleeping outside, whereas Banwari and his mother Mst. Bhanwari Bai were sleeping inside the house. At about 4 in the morning, Mst. Bhanwari Bai shouted. He heard the noise but he thought that she was muttering in her sleep. After this, Mst. Bhanwari B
