2002 Supreme(MP) 314
High Court Of Madhya Pradesh
S. S. JHA, R. B. DIXIT
STATE OF M.P. - Appellant
Versus
BHAGWAN SINGH - Respondents
Criminal Appeal 163 Of 1986
Decided On : 03/11/2002
Rakesh Saxena, S.M.A.NAZANI
The reliability of the child witness's testimony, the admissibility of the confessional statement, and the corroboration of evidence were central legal points established in the judgment.
Headnote:
MURDER - CRIMINAL LAW - IPC 302, 34, 460 - The court discussed the evidence of the child witness, the confessional statement of the co-accused, and the recovery of incriminating articles. The court found the child witness's testimony reliable, corroborated by the confessional statement and other evidence, and set aside the acquittal of the accused, holding them guilty of murder and lurking house trespass.
Fact of the Case:
The main accused, Bhagwan Singh, conspired to eliminate his rival, Mata Prasad, who had filed a civil suit against him. The accused, along with others, entered Mata Prasad's house, assaulted him, and hanged him. They also assaulted and set fire to Mata Prasad's daughter, Munni Devi. The bodies were discovered the next morning, and the accused were apprehended.
Finding of the Court:
The court found the evidence of the child witness, Arvind Kumar, reliable and corroborated by the confessional statement of the co-accused, Pooran Singh. The court also considered the recovery of incriminating articles and the motive behind the murder. The court set aside the acquittal and held the accused guilty of murder and lurking house trespass.
Issues: The reliability of the child witness's testimony, the admissibility of the confessional statement, the recovery of incriminating articles, and the motive behind the murder were the key issues.
Ratio Decidendi: The court relied on the evidence of the child witness, which was corroborated by the confessional statement of the co-accused and other material evidence. The court also considered the motive behind the murder and the recovery of incriminating articles to establish the guilt of the accused.
Final Decision: The court set aside the acquittal and held the accused guilty of murder and lurking house trespass, sentencing them to life imprisonment and a fine.
( 1 ) "we all go through life" , remarked the author of "alpha and Omega", after observing the thinking pattern of different types of people", bearing spectacles coloured with our own taste and calling. Similarly, here in the present case, according to the prosecution, main accused Bhagwan Singh, neighbour of deceased Mata Prasad wanted to eliminate his rival, as he had filed a civil suit against him and for which purpose, he went to the extent of hiring the services of co-accused Sultan Singh, Laxman and others.
( 2 ) IT is further alleged that on 28/02/1984, all the accused persons in furtherance of their conspiracy assembled on the well of accused Bhagwan Singh situated on the outskirts of the village and jointly consumed liquor there. Thereafter, at midnight, they arrived in the house of Bhagwan Singh and after scaling the roof of house, entered in the house of deceased Mata Prasad, where they found deceased Mata Prasad sleeping in the courtyard. Accused Munna (since absconding), removed the quilt from the body of deceased and accused Bhagwan Singh placed a wet cloth on his mouth which contained some poisonous smell. Accused Laxman and Munna caught his legs and accused Pooran Singh (now dead), opened the door giving entry to another accused Sultan Singh who was keeping a vigil outside the house. Thereafter, accused Munna pressed the mouth of deceased and Bhagwan Singh and Pooran caught hold his legs then Bhagwan Singh repeatedly assaulted with fists on the testicles of deceased with the result, he died. They then hanged the deceased in a roof of the house with a rope tied around his neck.
( 3 ) WHEN the accused persons were coming out of the room, they were suddenly encountered by Munni Devi, daughter of the deceased, who was sleeping in another room. When Munni Devi told Bhagwan Singh and Laxman as to what they have done, thereupon, accused Bhagwan Singh and accused Munna also assaulted her. It seems that Munni Devi died because of throttling and then she was set to fire by Bhagwan Singh, Sultan Singh and Laxman.
( 4 ) IN early morning, when neighbours were informed by one Agyaram about the incident, Kanhaiyalala (PW 2), brother-in- law of deceased, was called who lodged first information report (Ex. P/2), at Police Station Daboh. Police Agency immediately swung into action and prepared Panchnama of the dead body of Mata Prasad (Ex. P/5) and Munni Devi (Ex. P/6 ). Spot Map (Ex. P/3), was drawn and broken tiles from the house of deceased, towards the house of accused Bhagwan Singh were found. Panchanama (Ex. P/9), to that effect was also prepared.
( 5 ) DEAD bodies were referred for Postmortem and Dr. S. C. Bansal (PW 11), who performed autopsy, on the dead body of Mata Prasad found as follows : (I) Multiple punctured wound present over the scrotum. Average size of the wound is 1/6" x 1/6" x 1/2", blood clot. Caused by penetrating object; (ii) Abrasion (3 in number), eleptical in shape present over the posterior aspect of middle 1/3rd of right upper arm exterior surface of 1/3rd right forearm; (iii) Flexer surface of rediel aspect of upper 1/3rd of left forearm, average size of abrasion 2-2/1/2" x 1" (iv) Teeth bite marks are seen. (v) Ligature mark (12" x 3/4") seen over upper 1/3rd of neck encircling the neck. On cut section of neck, blood clots found in the s/c tissue with the fracture of odentoid process of IInd cervical vertebrae. (vi) Destruction of the ring of the tracher. Both lungs congested. Liver, spleen, kidneys congested. The death is due to asphyxia resulted from the throttling. The death is homicidal in nature and within 6 to 36 hours from the time of Postmortem.
( 6 ) DR. S. C. Bansal had also conducted autopsy on the deadbody of deceased Munni devi and found as follows : (I) Contusion on the front of the neck over the thyroid. Thumb marks seen on right side of finger marks seen on left side; (ii) Burn of IInd and IIIrd degree on the face, head, thorex (Ant and Post) abdomen (Ant. and Post),