Research › Search › Judgment

Madhya Pradesh High Court · body

2013 DIGILAW 1429 (MP)

Munna Alias Jalim Singh v. State of M. P.

2013-11-20

B.D.RATHI, BRIJ KISHORE DUBE

body2013
JUDGMENT : B.D. Rathi, J. 1. This appeal under Section 374 of the Code of Criminal Procedure, 1973 (in short "the Code") has been preferred by the appellant being aggrieved from the judgment of conviction dated 16-04-1999 passed by learned Fourth Additional Sessions Judge, Gwalior in Sessions Trial No. 40/1987 whereby appellant has been convicted under Section 302 of Indian Penal Code (in short "IPC") and sentenced to undergo life imprisonment with fine of Rs. 2,000/- with default stipulation. The prosecution story, in brief, is that on 13-08-1986 complainant-Natthu Khan along with his daughter Jaitun aged about 10 years was grazing the cattle near Sharma Farm House. Natthu Khan father of Jaitun (since deceased) had gone to take water leaving his daughter and cattle in the care of appellant who was also grazing his cattle nearby the area. When Natthu Khan returned at about 3:45 pm he did not find his daughter and the appellant. Thereafter, missing person report was registered at crime No. 32/1986. Since at the instance of appellant dead body and other articles were recovered by the police, FIR (Ex-P/15) was registered at crime No. 337/1986 for the offence punishable under Sections 376 and 302 of IPC. After completion of investigation, charge-sheet was filed against the appellant. 2. During trial, the accused/appellant pleaded not guilty to the charges framed under Sections 376 and 302 of IPC and contended that he had been falsely implicated. 3. It is argued on behalf of the appellant that the entire case of the prosecution was based on the circumstantial evidence, there was no direct evidence and prosecution has totally failed to complete the chain of events, therefore, the impugned judgment of conviction and sentence passed by learned trial Court should be set aside. It has been further submitted that the trial Court has not properly appreciated the evidence on record and prayed for acquittal of appellant. 4. Learned Public Prosecutor on the other hand defended the conviction and sentence of the appellant and submitted that the judgment of conviction and sentence passed by learned trial Court is well merited and no interference is called for. 5. 4. Learned Public Prosecutor on the other hand defended the conviction and sentence of the appellant and submitted that the judgment of conviction and sentence passed by learned trial Court is well merited and no interference is called for. 5. To bring home the charges prosecution has examined as many as 12 witnesses, namely, Azad (PW-1), Natthu Khan (PW-2), Head Constable Devesh Singh (PW-3), Ashok Singh (PW-4), Parmal Singh (PW-5), Ranvir (PW-6), Sub Inspector Anil Kumar (PW-7), Krishna Gopal Sharma (PW-9), Prakash Singh (PW-10), Nyamat Khan (PW-11) and Dr. D.K. Satpati (PW-12). 6. Having regard to the arguments advanced by the parties, we have perused the entire evidence and material available on record as well as the impugned judgment of trial Court. 7. From perusal of the record, it is clear that the entire case of the prosecution is based on circumstantial evidence and there is no direct evidence against the appellant. The impugned judgment of conviction was passed by learned trial Court on the basis of last seen evidence as well as recovery of dead body at the instance of appellant. In paragraph 23 of the impugned judgment, learned trial Court has held that the testimony of Natthu Khan (father of deceased) is fully corroborated with the testimony of independent witness Parmal Singh (PW-5). In this way, this fact has been duly proved by the prosecution that the deceased was found accompanying the appellant and thereafter at the instance of appellant her dead body was recovered. Likewise, the last seen evidence was found proved by learned trial Court. 8. Recovery of dead body identified as of Jaitun's on the basis of her clothes is not in dispute as during the course of arguments, the fact that the dead body of Jaitun was recovered from bushes near Sharma Farm House and the same was identified as deceased Jaitun, daughter of Natthu Khan, has not been disputed by the counsel for the appellant. 9. On perusal of entire evidence and material on record, we are of the considered view that what has been deposed by Natthu Khan (PW-2) in his evidence, there is no reason to disbelieve the same, though there is some minor discrepancy in the deposition of Natthu Khan recorded before the Court and police statement Ex-D/2 but it makes no difference. On perusal of entire evidence and material on record, we are of the considered view that what has been deposed by Natthu Khan (PW-2) in his evidence, there is no reason to disbelieve the same, though there is some minor discrepancy in the deposition of Natthu Khan recorded before the Court and police statement Ex-D/2 but it makes no difference. Natthu Khan (PW-2) in paragraph 2 of his evidence clearly deposed that on the assurance given by the appellant he had gone to take water leaving his daughter and cattle and when he returned he found that cattle were there but his daughter and accused both were missing. In absence of material contradictions, omissions and exaggerations entire deposition of Natthu Khan (PW-2) is fully reliable. 10. As per the version of Dr. D.K. Satpati (PW-12) who had examined the body of deceased after receiving letter Ex-P/17 of Superintendent of Police, Gwalior and prepared the examination report Ex-P/19, opined that deceased was female aged about 8 years and entire dead body was decayed and death was homicidal in nature. Learned trial Court by going through the medical evidence has acquitted the appellant for the offence under Section 376 of IPC and it has been held that the death of deceased was homicidal as the scull and ribs of deceased were found fractured. In view of the aforesaid discussions, we are of the considered view that learned trial Court has passed the judgment of conviction and sentence after due appreciation of evidence and material available on record. Therefore, the appeal stands dismissed by affirming the conviction and sentence passed by learned trial Court. Appellant is on bail. He is directed to surrender before CJM Gwalior within 30 days from today to suffer remaining jail sentence. In case of non-surrender by the appellant, CJM Gwalior is authorized to secure his presence and send him into jail to undergo remaining part of jail sentence. The bail bonds of appellant stand discharged. Copy of the judgment along with record be sent to the trial Court for information and necessary compliance. Appeal dismissed.