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2010 Supreme(MP) 483
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Rakesh Saksena and G.S. Solanki, JJ.
Appellants: In Reference
Vs.
Respondent: Mohammad Shafiq @ Munna @ Shafi
AND
Appellants: Mohammad Shafiq @ Munna @ Shafi
Vs.
Respondent: State of Madhya Pradesh
Decided On: 05.07.2010
The main legal point established is the reliance on circumstantial evidence, the evaluation of child eyewitness testimony, and the burden of proof in establishing guilt.
Headnote:
Murder - Indian Penal Code - 302, 307, 309
Fact of the Case:
The appellant was convicted for the murders of his wife and two daughters and attempted murder of two other daughters while they were sleeping. The prosecution presented evidence from eyewitnesses, medical reports, and the appellant's conduct at the crime scene.
Finding of the Court:
The court found the appellant guilty of the murders and attempted murder based on the testimony of the eyewitnesses, medical evidence, and the principle of circumstantial evidence. The court also found the appellant's explanation for the injuries and the suicide note to be false.
Issues: The issues included the reliability of child eyewitnesses, the appellant's explanation for the injuries, and the admissibility of the suicide note.
Ratio Decidendi: The court relied on the testimony of the child eyewitnesses, medical evidence, and the principle of circumstantial evidence to establish the guilt of the appellant. The court also considered the principle of burden of proof and the appellant's false explanation for the injuries.
Final Decision: The court affirmed the death sentence for the murders and the conviction under section 307 of the Indian Penal Code. However, the conviction under section 309 of the Indian Penal Code was set aside.
Rakesh Saksena, J.
1. Learned IV Additional Sessions Judge, Bhopal, has award the sentence of death to respondent/accused and has made reference f the proceedings to this Court for confirmation of the death sentence passed by the impugned judgment. The appellant has challenged the conviction and the sentence of death and other sentences awarded to him by the Trial Court. Since the reference and the appeal arise out of the same impugned judgment, both are being disposed of by this common judgment.
2. Appellant Mohd. Shafiq has filed the appeal against the judgment dated 18-1-2010, passed by the IV Additional Sessions Judge, Bhopal, in Sessions Trial No. 329/2009, convicting him under sections 302, 307 and 309 of the Indian Penal Code and sentencing him to death for committing murders of Sanjida, Rubina and Amina with fine of Rs. 3000/-, Rigorous Imprisonment for 10-10 years with fine of Rs. 1000/- - 1000/- on two counts and Simple Imprisonment for one year, on each count respectively. Sentences of imprisonment have been directed to run concurrently.
3. The prosecution case is that on 4-2-2009 Head Constable Ramkripal of Police Station, Habibganj, District Bhopal, received information that some incident had taken place in a house situated near Ahle Hadi Maszid in New Kabad Khana locality. Somebody's neck had been chopped and blood was spread. After recording this information in General Diary, Sub Inspector Chandraveer Singh Rathore (P.W. 11) and head Constable Devi Singh rushed to the spot in the mobile van. Chandraveer Singh Rathore found five persons lying injured in pool of blood. He shifted the injured persons to hospital. Injured Amina and Rubina, who were the daughters of the appellant, were declared dead. Sanjida, wife of accused, died on 5-2-2009. Other two daughters of accused, viz., Arsi and Ayna were injured. Dead bodies of three deceased persons were sent for post-mortem examination and injured girls were sent for treatment and medico legal examination. A dying declaration (Exh. P-39) of injured Ayna @ Seema was recorded by Executive Magistrate Chandra Shekhar Shrivastava. During investigation, an iron hammer, a Chhuri, blood stained clothes, bed sheets etc. were seized from the room and were sent to FSL for chemical examination. Since there were injuries on the body of appellant also, he was also sent for medical examination. Some pieces of papers, purporting to be suicidal notes, were seized from the room where the incident took place. The First Information Report (Exh. P-26) was recorded by Nagendra Kumar Pateria (P.W. 16), Station Officer of Police Station Hanumanganj, Bhopal under sections 307, 302 and309of the Indian Penal Code.
4. After investigation, charge-sheet was filed and the case was committed for trial. The defence of the appellant was that some unknown person had committed murders of his wife and two daughters and also caused injuries to him and other daughters. Prosecution witnesses spoke false against him under the influence of his in-laws.
5. Prosecution, to substantiate its case, examined 19 witnesses. Daughters of appellant viz., Ayna (P.W. 1) and Arsi (P.W. 6) were examined as eye-witnesses in the case. Raeesa Bi (P.W. 7), the sister of deceased Sanjida, who reached the spot immediately after the occurrence, was also examined. Chandra Shekhar Shrivastava (P.W. 18), the Executive Magistrate deposed about recording of dying declaration (Exh. P-39) of Seema @ Ayna. Dr. Jayanti Yadav (P.W. 2), Dr. Ravi Upadhyay (P.W. 3), Dr. Neelam Shrivastava (P.W. 4), Dr. Mahendra Pal Singh (P.W. 12), Dr. Devendra Sharma (P.W. 13) and Dr. Keshav S. Budhwani (P.W. 17) were examined to prove the injuries found on the bodies of victims as well as the appellant.
6. Learned Additional Sessions Judge, after trial and upon appreciation of the evidence adduced in the case, held the accused/appellant guilty and convicted and sentenced him as mentioned earlier. The appellant has challenged his conviction and sentence by t
