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Madhya Pradesh High Court · body

2006 DIGILAW 328 (MP)

RAMSIYA v. STATE OF M. P.

2006-03-03

S.K.KULSHRESTHA, S.S.DWIVEDI

body2006
S. K. KULSKKESTHA, J. ( 1 ) AGGRIEVED by the conviction under Section 302 of the ' indian Penal Code and sentence of imprisonment for life awarded by the learned 1st additional Sessions Judge, Alirajpur, vide judgment dated 12th March, 1999, in Session Trial No, 213/1998, the appellant has preferred this appeal. ( 2 ) DECEASED Vesta was the father of the accused, while Kabai (P. W. 2), is his mother and Ambi (P. W, 4} is his brother. ( 3 ) THE prosecution case in short is that on 5-4-1998, at about 4,30 p. m. , Nahla {p. W. 3) heard Kabai (P. W. 2) raising an alarm that vesta was being assaulted and he witnessed that accused was assaulting him with an axe. When he shouted as to why he was belabouring him, the accused ran away. Vesta had injuries on his head and face. He died instantaneously and his sister-in-law kabai (P. W. 2) told him that while the accused wanted to cut a plant, the deceased 'had stopped him. Enraged, the accused assaulted the deceased, his father. ( 4 ) THE report of the incident was lodged by Nahla (P. W. 3) on the same day at 7:15 p. m. at Police Station, Alirajpur, at a distance of eight kilometers from the place of the incident. After recording the report Ex. P/2, the Investigating Officer summoned the witnesses and held inquest, of which report ex. P. 11 was prepared. At the instance of nahla (P. W. 3, spot map was prepared and the dead body was sent to the Hospital for post-mortem under requisition Ex. P/8. Samples of blood-stained and control earth were collected from the spot, vide Ex. P/'12. Accused was arrested on 7-4-1998 vide memorandum Ex. P/5 and at his instance, on the basis of the disclosure made by him and duly recorded. Axe was seized vide Ex. P/7. Seized articles were sent to the Forensic Science Laboratory and the report of the laboratory Ex. P/ 15 and that of the Serologist Ex. P/16, were received. According to the reports, human blood was found on the axe seized from the accused. After completion of the investigation, the accused was prosecuted. ( 5 ) THE accused denied having committed any offence. P/ 15 and that of the Serologist Ex. P/16, were received. According to the reports, human blood was found on the axe seized from the accused. After completion of the investigation, the accused was prosecuted. ( 5 ) THE accused denied having committed any offence. His defence was that his mother and other family members had fabricated a case against him In order to grab his land while he had not committed any offence. He also examined Bhangadlbal (D. W. 1) In his defence. The learned Addl. Sessions Judge, however, found the appellant guilty and convicted and sentenced him as herelnabove stated. ( 6 ) LEARNED counsel for the appellant submits that In view of the defence of the accused that the other members of the family, with a view to grab the family property and divest the appellant of his legitimate share in It, have falsely Implicated him, the appellant ought not to have been convicted on the basis of the testimony of the family members without any independent corroboration thereof, especially when the incident had taken place in an open field where the Investigating Agency could have collected evidence of independent persons. Learned Dy. Advocate General has, on the contrary, submitted that when the incident has taken place in a place where only family members are there and persons such as mother and brother of the accused have deposed about the assault having been made by the accused which is corroborated by the prompt FIR (Ex. P/2) and the medical evidence, there remains no room for argument about the innocence of the accused which stands negatived by the clinching prosecution evidence. ( 7 ) WE have heard the learned counsel for the parties and perused the record. ( 8 ) INSOFAR as the death of Vesta is concerned, there is ample testimony in the form of eye-witness account rendered by Kabai (P. W. 2) and her son Ambi (P. W. 4 ). Both have stated that accused assaulted him and he succumbed to the injury instantaneously. The Investigating Officer Dilip Bhandari, (P. W. 9) has also testified to it and referred to the inquest report. The testimony of Dr. K. C. Gupta {p. W. 8) and his report Ex. P/9, further confirmed that the death was homicidal. In his report Ex. Both have stated that accused assaulted him and he succumbed to the injury instantaneously. The Investigating Officer Dilip Bhandari, (P. W. 9) has also testified to it and referred to the inquest report. The testimony of Dr. K. C. Gupta {p. W. 8) and his report Ex. P/9, further confirmed that the death was homicidal. In his report Ex. P/9, the external injuries noticed by the Doctor, have been recorded as under : (1) Crushing of face and head in side to side plane. Lacerated wound 3" x 2" over each and left side face; (2) Incised wound 2" x 1" behind the back of left ear. ( 9 ) THE Doctor has opined that death occurred due to coma resulting from Injury to the brain. ( 10 ) THE crucial question for determination is as to whether the death of Vesta was caused by the accused. Out of the number of eye-witnesses examined, only Kabal (P,w. 2), mother of the accused and Ambl (P. W. 4), brother of the accused, have supported the prosecution, Surpal (P. W. 1) and nahla (P. W. 3), who lodged the report Ex. P/ 2, have not supported the prosecution. Amnia alias Amansingh (P. W. 5) who had seen the accused running away with the Axe, according to the prosecution, did not support the prosecution, while Jogdiya (P. W. 6) and bapusingh (P. W. 7), who were panch witnesses, have also not supported. We are, therefore, left with the evidence of Kabai (P. W. 2) and Ambi (P. W. 4), eye-witnesses. Kabai (P. W. 2), as stated above, is the mother of the accused, the deceased was her husband. She has deposed that there was a small plant of Neem which the accused wanted to cut. Her husband, therefore, objected that Neem plant should not be cut. Accused then assaulted the deceased with the Axe with the result the deceased fell down on the ground. Her brother-in-law nahla (P. W. 3) was present. He was sent to lodge the report. Nahla (P. W. 3) has though not supported the version on the question that she had related the event to him, he has admitted that he had lodged the report at the Police Station. Kabai (P. W. 2) is corroborated by Ambi (P. W. 4), son of the deceased, aged 13 years. He was sent to lodge the report. Nahla (P. W. 3) has though not supported the version on the question that she had related the event to him, he has admitted that he had lodged the report at the Police Station. Kabai (P. W. 2) is corroborated by Ambi (P. W. 4), son of the deceased, aged 13 years. He has also stated that when the accused tried to cut the Neem plant, his father objected and the accused, therefore, assaulted him with an Axe causing injuries. Jogdiya (P. W. 6) has not supported the disclosure made by the accused and the recovery of the Axe and so is the case with Bapusingh (P. W. 7 ). ( 11 ) THE ocular testimony is also corroborated by the report Exs. P/15 and P/16, received from the Forensic Science Laboratory and he Serologist. According to the testimony of Town Inspector, Dilip Bhandari (P. W. 9 ). accused Ramsiya was arrested on 7-4-1998, vide Ex. P/5. He had given information which was recorded in Ex. P. 6 bearing signatures of the witnesses. In pursuance of the said information, an Axe was recovered from him which was blood stained and which was seized vide memorandum Ex. P. 7. This Axe, along with other articles, was sent to the Forensic Science Laboratory, vide ex. P/14 and the report of the Forensic Science Laboratory Ex. P. 15 was received. Report Ex. P. 16 was received from the Serologist. In Ex. P/15, the Forensic Science laboratory has reported that Axe seized from the accused, had blood stains. The blood stains were further sent for examination to the serologist, Calcutta. In the report Ex. P. 16 of the Serologist, the Serologist has marked axe as Item No. 21 and on analysis found that stains were that of human blood. However, the stains were not sufficient for further examination for determination of the blood group. ( 12 ) FROM the above discussions, it is manifest that not only that the eye-witness account rendered by Kabai (P. W. 2) and Ambi (P. W. 4) is corroborated by the medical evidence but also by the evidence of Expert as the Axe used in commission of the offence and recovered from the accused was found to be stained with human blood. Since there is already the evidence of eye-witnesses with regard to the commission of the offence by the accused, even without further examination of the blood group, the human blood found on the Axe serves as a corroborative piece of evidence which the accused has failed to explain. There is, thus, clinching evidence against the accused, establishing without any shadow of doubt, that the accused was the person who had assaulted his father Vesta with the Axe with which he was armed and caused the injuries on vital parts to which his father had instantaneously succumbed. The act of the accused thus falls within the description of offence of Murder, punishable under Section 302 of the Indian Penal Code. There is thus no substance in this appeal. ( 13 ) ACCORDINGLY, the appeal is dismissed. Appeal dismissed. .