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2013 Supreme(MP) 1424
MADHYA PRADESH HIGH COURT AT JABALBUR BENCH
A.K. Shrivastava , Vimla Jain, JJ.
Vivek Bithle - Appellant
Versus
State of M.P. - Respondent
Criminal Appeal No. 2733-2012
Decided On : 13-12-2013
For the Appellant :S.C. Datt, Sr. Advocate and Siddharth Datt, Advocate
For the Respondents: S.D. Khan and Ajay Tamrakar, Public Prosecutors
Headnote:
In a case involving the murder of four persons, including a family, the court analyzed the circumstantial evidence presented by the prosecution and found it insufficient to establish the guilt of the accused beyond a reasonable doubt. The court held that the circumstances relied upon by the prosecution were not forming a complete chain unerringly pointing out the guilt towards the appellants leaving behind no hypothesis. The court also noted that the accused had been in jail for more than 9 years and had suffered mental trauma due to the stigma of being accused of such a heinous crime. The court allowed the appeal, set aside the conviction and death sentence, and acquitted the accused.
Fact of the Case:
The prosecution alleged that the accused persons, Vivek Bithle and Sunil Bithle, along with two others, had murdered four persons, including a family, and buried their bodies in a pit. The prosecution relied on circumstantial evidence, including the discovery of blood stains, a spade, and other items at the scene of the crime, as well as the testimony of witnesses who claimed to have seen the accused persons in the vicinity of the crime scene.
Finding of the Court:
The court found that the circumstantial evidence presented by the prosecution was insufficient to establish the guilt of the accused beyond a reasonable doubt. The court noted that the blood stains and other items found at the scene of the crime could have been planted there by someone other than the accused persons. The court also found that the testimony of the witnesses was unreliable and contradictory. Additionally, the court noted that the accused persons had been in jail for more than 9 years and had suffered mental trauma due to the stigma of being accused of such a heinous crime.
Issues: 1. Whether the circumstantial evidence presented by the prosecution was sufficient to establish the guilt of the accused beyond a reasonable doubt. 2. Whether the testimony of the witnesses was reliable and credible. 3. Whether the accused persons had been denied their right to a fair trial.
Ratio Decidendi: The court held that the circumstantial evidence presented by the prosecution was insufficient to establish the guilt of the accused beyond a reasonable doubt. The court noted that the blood stains and other items found at the scene of the crime could have been planted there by someone other than the accused persons. The court also found that the testimony of the witnesses was unreliable and contradictory. Additionally, the court noted that the accused persons had been in jail for more than 9 years and had suffered mental trauma due to the stigma of being accused of such a heinous crime.
Final Decision: The court allowed the appeal, set aside the conviction and death sentence, and acquitted the accused.
JUDGMENT
A.K. Shrivastava, J.
1. The judgment passed in this appeal shall also govern the disposal of connected Criminal Reference No. 3/2012 sent by learned First Additional Sessions Judge, Balaghat (M.P.) under Section 366, Cr.PC. for confirmation of the death sentence awarded to appellants, namely, Vivek Bithle alias Bittu and Sunil Bithle. This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 has been preferred by the appellants against their judgment of conviction and order of sentence dated 5-12-2012 passed by learned First Additional Sessions Judge, Balaghat in Sessions Trial No. 44/2005 whereby the appellants have been convicted and sentenced as under:--
2. Indeed, four persons were arrayed as accused persons, they are appellants Vivek Bithle alias Bittu and Sunil Bithle. The other two accused persons Sachin Samargade and Ramanlal Bithle were also put for trial along with the appellants but the charges were not found proved against them and they were acquitted by learned Trial Court. No State appeal has been preferred against their acquittal, hence, their judgment of acquittal has become final.
3. In brief, the case of the prosecution is that the Assistant Sub-Inspector Shivnaresh Uapadhyay of Police Kotwali, Balaghat on 6-10-2004 registered a Merg at 0' number and on its basis on the same day at near about 9.10 a.m. in the Police Station the Merg intimation was registered to the effect that he is serving in the Police Kotwali, Balaghat as Assistant Sub-Inspector. During the course of inquiry of Rojnamcha No. 367, dated 6-10-2004 at the spot, Dehati Merg Intimation at 0/04 under Section 174, Cr.PC. upon the report of Ayodhya Prasad was registered which was in regard to the death of Mukesh Namdeo, Smt. Archana, Ku. Asha and Shivam. According to the said Dehati Nalishi, his son first deceased Mukesh along with his family had gone somewhere without informing anybody. Ayodhya Prasad, on receiving such telephonic message at Jabalpur where he resides, went to Balaghat on 6-10-2004 and when he did not find the first deceased and his family members in his house which was locked, it was noticed by him that on the rear side of his house one pit was dug, which has been recently refilled. This created certain doubts in his mind as a result of which he went to the Police Kotwali, Balaghat to lodge a report. The police personnel along with the Tehsildar arrived at the spot and dug a pit in which the dead bodies of four deceased persons, namely, Mukesh Namdeo, Smt. Archna, Ku. Asha and Shivam whose hands were tied from the back were found. On this basis, after registering the necessary merg report on 6-10-2004 at 9.20 p.m. First Information Report was registered. During the investigation, the dead bodies of the deceased persons were identified by Ayodhya Prasad, who is the father of first deceased, father-in-law of second deceased and grandfather of third and fourth deceased. The spot map was also prepared. The dead bodies of the deceased persons were sent for post-mortem. One spade upon which earth was sticking and other articles were seized.
4. After the accused persons were arrested, at their instance belonging to first deceased Mukesh were seized. The seized articles were sent for chemical examination. After the investigation was over, a charge-sheet was submitted in the Committal Court, which committed the case to the Court of Sessions and from where it was received by the Trial Court for trial.
5. The learned Trial Judge on the basis of the allegations made in the charge-sheet framed the charges for the offence punishable under Sections 449, 302/34 (4 counts), 201/34 (4 counts), 404/34 and 394/397, IPC against the accused persons, which they denied and requested for the trial.
6. In order to bring home the charges the prosecution examined as many as 66 witnesses and placed Exhs. P-1 to P-115 the documents on record. The defence of the accused persons including the appellants is of false and maladroit implication and
