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Madhya Pradesh High Court · body

2000 DIGILAW 799 (MP)

Munna v. State of M. P.

2000-08-09

R.B.DIXIT, S.S.JHA

body2000
Short Note Appellant is convicted for an offence under section 302, Indian Penal Code, and sentenced to life imprisonment by the Court of Addl. Sessions Judge, Pichhore in Sessions Trial No. 185/92. On 30.9.1992 a complaint was lodged by Kishan that the wife of his son Munna, aged-about 16 to 18 years is found dead in suspicious circumstances, Merg was registered and during enquiry over the Merg it was found that the appellant used to heat his wife and she died on account of heating by appellant. There is no eye-witness to the incident. The prosecution has examined eight witnesses. PW 1-Kishan was declared hostile but he admitted in his deposition that the appellant and deceased used to fight amongst themselves and both were in the habit of beating each other. PW 2-Bhur Singh has also deposed that there used to be free-light between the deceased and her husband-appellant. The deceased had also complained to the neighbour that she is being beaten by her husband. PW 3-Saraswati, who is the mother of the appellant, has not supported the case of prosecution. PW 4-Dr. O.P. Sharma has found four injuries while performing the postmortem of the deceased. The postmortem report is Ex.P-6. The deceased had suffered following injuries: (i) contusion right side chest mid area (front) 2" x 1½" caused by hard and blunt object; (ii) contusion left side 3"x2" with reddish blue swelling, caused by hard and blunt object; (iii) contusion left side 2"x 1" between ribs (8th to 12th) bluish skin; (iv) contusion left side 3"x2" gluteal area with reddish blue swelling caused by hard and blunt object. All the injuries were found to be ante-mortem and they were caused by hard and blunt object. The injuries are not found on the vital pan of the body. The doctor has found that the cause of death was due to syncope which is participated by hemorrhagic shock which is due to rupture of spleen. PW 7-Mushtak has deposed that the appellant was in the habit of heating his wife. Few days before the incident the deceased had come for help to this witness and he gave her shelter. Next day morning she went back to her home but appellant-Munna had gone somewhere else. She feared that on his return appellant-Munna will heat her. After sometime he found that the deceased was being beaten by the appellant. Few days before the incident the deceased had come for help to this witness and he gave her shelter. Next day morning she went back to her home but appellant-Munna had gone somewhere else. She feared that on his return appellant-Munna will heat her. After sometime he found that the deceased was being beaten by the appellant. He went there and caught the appellant and took him to the hotel. He told Munna that he should not beat his wire. Munna apologised and said that in future he will not beat his wire. Three-four days thereafter he learnt about the death of Guddi. Considering the facts of the case, it transpires that the deceased was subjected to beating by the appellant. There used to be free-fight between the husband and wife. Though there may not be any motive but they were in the habit of fighting amongst themselves. The appellant ran away after his wife died and the explanation that he had gone to fetch the medicines for his wife is not established from the evidence. Thus, the plea of alibi by appellant is not proved and death of deceased in suspicious circumstances fully establishes the guilt of the appellant. From the facts of the case and considering the injuries cause to deceased it is amply clear that there was no intention or appellant to cause death of his wife. He was in the habit of beating his wife. From the post-mortem report (Ex. P/6), it is found that the (deceased was a weak girl and PW4 Dr. O.P. Sharma has also deposed that the dead-body is under developed. Thus, the deceased was having a weak constitution and had died on account of beating by the appellant. Since the appellant had no intention to cause death but considering the constitution of the body of the deceased it can he safely inferred that the heating was likely to cause death. Since there was no intention to cause death, conviction of appellant under section 302, Indian Penal Code, is set aside and appellant is convicted for an offence under section 304 Part-I, Indian Penal Code. The appellant is in jail from 2.10.92. The period or more than seven and halt years had expired, therefore, the appellant is sentenced to the sentence already undergone by him. The appellant is in jail. The appellant be released forthwith if not required in any other case. The appellant is in jail from 2.10.92. The period or more than seven and halt years had expired, therefore, the appellant is sentenced to the sentence already undergone by him. The appellant is in jail. The appellant be released forthwith if not required in any other case. Appeal succeeds in part.