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2024 Supreme(Online)(MP) 37782
HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE VIVEK RUSIA, SHRI JUSTICE BINOD KUMAR DWIVEDI, JJ
Raju – Appellant
Versus
The State Of Madhya Pradesh – Respondent
CRA 1042/2012
Gopal Hardia,A.G.
The court upheld the conviction based on circumstantial evidence, emphasizing the necessity of a complete chain of evidence to establish guilt beyond reasonable doubt.
Headnote:(A) Indian Penal Code, 1860 - Sections 302, 450, 376, and 382 - Conviction for murder, rape, house trespass, and theft - The appellant was sentenced to life imprisonment and additional terms of rigorous imprisonment for other offences - The prosecution established a chain of circumstantial evidence leading to the appellant's guilt, including DNA evidence linking him to the crime - The trial court's findings were upheld as they were based on proper appreciation of evidence. (Paras 1, 9, 20, 21)
(B) Circumstantial Evidence - The five golden principles for establishing guilt through circumstantial evidence were reiterated, emphasizing the necessity of a complete chain of evidence. (Paras 14, 20)
Facts of the case:
The appellant was found guilty of strangling the deceased, who was discovered with injuries indicating homicide, and committing rape. The prosecution's case relied on circumstantial evidence, including DNA analysis linking the appellant to the crime. (Paras 1-5, 15)
Findings of Court:
The trial court's conviction was based on cogent evidence, including the testimony of witnesses and forensic reports, establishing the appellant's guilt beyond reasonable doubt. (Paras 20, 21)
Issues: Whether the conviction was based on proper appreciation of evidence and whether the circumstantial evidence was sufficient to establish guilt. (Paras 12, 20)
Ratio Decidendi: The court affirmed that circumstantial evidence must be conclusive and that the absence of a reasonable explanation from the accused strengthens the prosecution's case. (Paras 20, 21)
Result: Appeal dismissed.
JUDGMENT
Per: Justice Binod Kumar Dwivedi
This appeal at the instance of the appellant convict has been preferred against the impugned judgment dated 28.02.2012 in Sessions Trial No.1217/2009 by III Additional Sessions Judge, Indore (M.P.), whereby the appellant Raju S/o Bhuwansingh Bhilala has been found guilty for the offences under Sections 302, 450, 376 and 382 of Indian Penal Code, 1860 and sentenced to undergo Life Imprisonment with fine of Rs.500/-, 10 years RI with fine of Rs.500/-, 10 years RI with fine of Rs.500/- and 10 years RI with fine of Rs.500/- respectively with default stipulation.
2. The prosecution story as emerged during trial, briefly stated, is that on 05/03/2009 Jagdish (PW-1), husband of the deceased/victim was residing in staff quarters of the Holkar Science College and was on duty. His son Lokendra came to him and informed that his mother, deceased's neck is submerged in water of Tub and she is unconscious. On this he came to his house and found that string of Mosquito Net was tied around the neck of deceased. He took the deceased to Hospital, where doctors declared her dead. On this, at the instance of Jaggu @ Jagdish (PW-1) Dehati Nalishi (Ex.P-1) was ascribed at Police Station Bhawarkuan by ASI M.M. Khan along with Hariom (PW-21) posted as Senior Constable at Police Station Bhawarkuan went to the Police Station and submitted Dehati Nalishi to Head Moharrir for further action. Sub Inspector K. K. Singar (PW-17) was assigned the Merg Inquiry, who went on spot and after inspecting the spot and and in direction of FSL Officer Shri Sharma, photographs of the scene of crime (Ex.P-14 to P-24) were taken. Safina Form (Ex.P-3) was received and Dead Body Panchnama (Ex.P-2) was prepared. From the spot a string of Mosquito Net, underwear and Nettle (Bichhudi) of the deceased were seized vide Seizure Memo (Ex.P-6). Spot Map (Ex.P-5) was also prepared and an application for conducting the autopsy on the dead body was given, which is Ex.P-13.
3. Dr. Bharat Prakash, PW-11 who conducted the postmortem on the dead body of the deceased and submitted report Ex.P-14 found following anti mortem injuries on the person of the deceased:
(i) Contusions 3x 2 cm on right side skin of head.
(ii) Contusions 3 x 2 cm over left side skin of head.
(iii) Contusions 4 x 3 cm back side skin of the head
(iv) Contusions 4 x 3 cm on the right temporal region.
4. The doctor has opined that all the above injuries were caused by hard and blunt object near about 24 hours before death. He has further stated that he examined private parts of the deceased and found that on the lower part of the vagina two lacerated wounds of size ¼ cms x ¼ cm x 1/8 cm. He has further stated that neck of the deceased was 31 cm on which 7 cm mark below thyroid was found going horizontal. Two abrasions 1 x 1/8 cm were present on the left side and one contusion 2 x 1 cm was also present on the left middle jaw. He also found one contusion 2 x 1 cm on left clavicle bone. Dr.Bharat Prakash has opined that death was due to asphyxia caused by strangulation and it was homicidal in nature.
5. On the basis of Merg enquiry, FIR Ex.P-25 was registered at police station Bhanwarkua at crime no.273/2009 for offence under Sections 302, 450 and 382 of IPC and investigation was set in motion. Head Constable Prahlad Yadav (PW-8) brought two bottles of visra in a sealed pack and slide from the hospital and produced at police station where Head Constable Vikram Solanki (PW-20) who prepared property seizure memo Ex.P-7. Sub Inspector F.M.Qureshi (PW-10) was assigned the investigation and during investigation he arrested the appellant/accused Raju and prepared Ex.P-8. He interrogated the appellant in custody and prepared disclosure memo Ex.P-9. Statements of witness Nitin, Ashok and Ashish under Section 161 of Cr.P.C. were recorded. During search a television of Wilson Company was found stolen from the house of the complainant Jagdish (PW-1). The television at the instance of the appellant w
