Research › Search › Judgment

Madhya Pradesh High Court · body

2002 DIGILAW 465 (MP)

GEND LAL v. STATE

2002-04-30

RAJEEV GUPTA, S.L.JAIN

body2002
( 1 ) APPELLANT Gend Lal stands convicted under S. 302, IPC with sentence of imprisonment for life. vide impugned judgment dated 4-1-89 passed by Sessions Judge, Balaghat in Sessions Trial No. 115/88. ( 2 ) APPELLANT Gend Lal has been found guilty of causing five bruises and one contusion on his wife Kamla Bai (since deceased) by means of a small bamboo stick during the course of an altercation between them in the evening of 6-5-1988, resulting in the corresponding fractures of her 9th and 10th ribs leading to the laceration of her liver and spleen. Deceased Kamla Bai, in the opinion of the Autopsy Surgeon, died on account of excessive bleeding from the above mentioned external injuries. ( 3 ) THE appellant's conviction is founded on the solitary eye-witness account of PW-1 Chetram, the village Kotwar, who has categorically deposed that on the fateful day appellant Gend Lal during the course of an altercation with his wife Kamla Bai, over some domestic matter picket up a bamboo-stick lying there and dealt 5-6 blows on her, resulting in her death. ( 4 ) SHRI Choubey, the learned counsel for the appellant, vehemently argued that the trial Court has erred in recording the appellant's conviction on the solitary eye-witness account of PW-1 Chetram, whose evidence suffers from serious infirmities. ( 5 ) ON a close scrutiny of the evidence of PW-1 Chetram, we are satisfied that his evidence does not suffer from any infirmity whatsoever. There is no material on record to indicate any reason or motive for this independent witness to have falsely implicated appellant Gend Lal on the charge of murder of his own wife, Kamla Bai. Thus, we are satisfied that the trial Court has rightly believed the evidence of PW-1 Chetram in holding appellant Gend Lal guilty of causing those external injuries on his wife Kamla Bai by means of a bamboo-stick, which ultimately resulted in her death. We, therefore, do not find any substance in the above submission of the learned counsel for the appellant. We, therefore, do not find any substance in the above submission of the learned counsel for the appellant. ( 6 ) SHRI Choubey, the learned counsel for the appellant, then placing reliance on the dictum of the Apex Court, in the case of Karam Singh v. State of Punjab reported in 1994 SCC (Cri) 64 : 1993 Cri LJ 3673), contended that the above proved act of appellant Gend Lal of causing five bruises and one contusion on his wife Kamla Bai, by means of a bamboo-stick during the course of an altercation between them, would not amount to the offence of 'murder' punishable under S. 302, IPC. ( 7 ) THE Apex Court in somewhat similar circumstances while holding that the act of the appellant in that case, in causing as many as ten external injuries resulting in the fracture of ribs leading to rupture of liver and spleen and ultimately resulting in the death, did not amount to the offence of murder, observed in para 3 :-"3. The prosecution case is that on 17/04/1978 at about 8. 30 p. m. , P. W. 2 and his brother, another witness, were present in their house. They heard an alarm of his brother, Nahar Singh, the deceased, who was being attacked. They rushed to the spot and they saw that the appellant was beating the deceased with the lathi. P. W. 2 and other eye-witness went to the place of occurrence and the accused left the place. The deceased was found to be dead. A report was given to the police and the case was registered. The inquest was held on the dead body and it was sent for post-mortem. The doctor PW. 2, who conducted the post-mortem found ten injuries. Some of them were abrasions. A lacerated wound was also found on the head but there was no corresponding internal injury. The contusions on the chest and injury Nos. 5 to 7 resulted in the fracture of the ribs which caused his death. The doctor in his evidence has admitted that the fracture of the ribs could have in turn caused the rupture of the liver and the spleen. Under these circumstances it is difficult to hold that the appellant intended to cause the injuries to the liver and the spleen which unfortunately proved to be fatal. The doctor in his evidence has admitted that the fracture of the ribs could have in turn caused the rupture of the liver and the spleen. Under these circumstances it is difficult to hold that the appellant intended to cause the injuries to the liver and the spleen which unfortunately proved to be fatal. Having regard to the nature of the weapon used and the parts of the body on which blows were dealt, it is difficult to hold that he intended to cause the death or intended to cause that particular injuries to the liver and the spleen. However, under the circumstances he must be attributed to have the knowledge that by dealing such blows he was likely to cause the death of the deceased in which case the offence is one punishable under S. 304, Partii, IPC. . . . . . . . . " ( 8 ) NOW, reverting to the present case there is no material on record to indicate any prior ill-will between the husband and wife. On the contrary, it has come in the evidence of village Kotwar PW-1 Chetram, that a day before both of them had gone together for attending a marriage and had come back on the fateful day itself. It is also in the evidence of PW-1 Chetram that it was during the course of an altercation between the husband and wife that the appellant, in all probability, got enraged on account of some remarks of the deceased and suddenly picked up a small bamboo-stick (just two feet long) lying there and dealt some blows on his wife Kamla Bai. the Autopsy Surgeon has categorically stated that Kamla Bai died on account of excessive bleeding. It is also in his evidence that the bruises had resulted in the fracture of her 9th and 10th ribs, which in turn caused laceration of the liver and spleen. In the above factual matrix, we find it difficult to hold with certainty that appellant Gend Lal while dealing blows on his wife, during the course of an altercation between them, by means of a small bamboo-stick intended to cause her death. Therefore, his above proved act would not amount to the offence of 'murder' punishable under 302, IPC. In the above factual matrix, we find it difficult to hold with certainty that appellant Gend Lal while dealing blows on his wife, during the course of an altercation between them, by means of a small bamboo-stick intended to cause her death. Therefore, his above proved act would not amount to the offence of 'murder' punishable under 302, IPC. The appellant's foolish act in giving a secret burial to the body of his wife Kamla Bai near a river, in our considered view does not in any manner aggravate the nature of the appellant's above proved act. Nevertheless, appellant Gend Lal cannot escape from the liability of his above act altogether, and in our considered view would be liable under S. 304 (II), IPC. ( 9 ) AS for the sentence, in the facts and circumstance of the present case appellant Gend Lal deserves full dose of rigorous imprisonment for 10 years. ( 10 ) FOR the foregoing reasons, the appeal filed by appellant Gend Lal against his conviction and sentence is allowed in part. Appellant's conviction under S. 302, IPC and sentence of imprisonment for life are hereby set aside. Instead, appellant Gend Lal is convicted under S. 304 (II), IPC and is sentenced to rigorous imprisonment for 10 years. ( 11 ) APPELLANT Gend Lal is in custody. From the records we gather that appellant Gend Lal has all along been in custody since his arrest on 6-5-88, and as such has already undergone whole of the jail sentence of rigorous imprisonment for 10 years, now awarded on his conviction under S. 304 (II), IPC. We, therefore, direct that appellant Gend Lal be set at liberty forthwith, if not wanted in connection with any other case. Appeal partly allowed. .