State Of M.P vs Ramesh And Anr

After having a preliminary investigation, the Investigating Officer arrested respondent No.2 Bhaggo Bai and lodged the FIR formally on 4.2.1995.

(B) After completing the investigation, a charge-sheet was filed against both the accused for committing the murder of Chatra. A large number of witnesses were examined by the prosecution. Both the respondents-accused examined themselves as defence witnesses alongwith some other witnesses. After concluding the trial, both the respondents-accused were convicted and sentenced, as mentioned 2 hereinabove, by the Sessions Judge vide judgment and order dated 16.8.1996.

(C) Being aggrieved, both the respondents -accused filed Criminal Appeal No.262/1997 which has been allowed by the impugned judgment and order and both of them stood acquitted. Hence, this appeal.

She could not have any enmity with either of the accused. The rape case filed by deceased Chatra and Bhaggo Bai against accused Ramesh remained pending for a long time and Ramesh got acquitted after the death of Chatra, deceased. The Trial Court after appreciating the documentary evidence on record came to the conclusion that accused Ramesh committed rape upon Bhaggo Bai during the period between 24.6.1991 to 17.9.1994. In fact, they were having illicit relationship for a period of more than 3 years. The High Court brushed aside the said finding without giving any cogent reason. The allegation that Rannu Bai (PW.1) had been tutored by Munna Lal (PW.2) could not be spelled out from her statement. The neighbours had come at the place of occurrence after being called by Rannu Bai (PW.1) and Munna Lal (PW.2). In spite of the fact that some of them had declared hostile, part of their evidence still could be relied upon in 4 support of the prosecution case. Therefore, the judgment and order of the High Court, impugned is liable to be set aside, and appeal deserves to be allowed.

believed by the High Court as she had been tutored by Munna Lal (PW.2). Admittedly, she had been living with him since the death of her father Chatra. The High Court has rightly believed the defence version and appreciated the depositions of defence witnesses, including Radha Bai (D.W.1), elder daughter of Bhaggo Bai accused, in the correct perspective. The appeal lacks merit and is liable to be dismissed.

16. The Trial Court after considering the entire evidence on record came to the conclusion that the injuries found on the person of the deceased could not have been received from a fall on the ground. The 13 injuries found on his body are in consonance with the deposition of Rannu Bai (P.W.1), who has stated that after hearing the noise, she woke up and saw that accused Ramesh was beating her father with "Gumma" (a hard object made of cloth), and her mother had caught hold of the deceased by his legs. The doctor had found that blood had oozed from his mouth and such injury could be possible as per the case of the prosecution. Undoubtedly, Munna Lal (PW.2) has deposed that Ramesh had caused injuries with the knife. The High Court has given undue weightage to his statement. In fact, as per the prosecution case, Munna Lal (PW.2) was not an eye witness. He was called by Rannu Bai (PW.1) and reached the place of occurrence along with some other persons.

21. Bhaggo Bai, accused/respondent has admitted in her statement under Section 313 of the Code of Criminal Procedure, 1973 (hereinafter called as `Cr.P.C.') that Rannu Bai (PW.1) was present inside the room/place of occurrence and she further admitted that Rannu Bai, (PW.1) had gone to call Munna Lal (PW.2) at the relevant time. Thus, it is evident from the aforesaid admission of the said accused itself that both the persons were present inside the room and are well aware of the incident.

In view of the above, it is evident that the statement of Rannu Bai (P.W.1) is affirmed by the statements of other witnesses, proved circumstances and medical evidence. Her deposition being precise, concise, specific and vivid without any improvement or embroidery is worth acceptance in toto.

(Emphasis added) In view of the above, we are of the view that it cannot be safe to rely upon her evidence at all.

29. The Trial Court after examining the entire material on record, particularly the documentary evidence came to the conclusion as under:

The High Court did not deal with this aspect at all.

30. All the witnesses examined by the prosecution including those who have turned hostile are admittedly the neighbours of Chatra deceased and Munna Lal. Thus, they are the most natural witnesses and the Trial Court has rightly placed reliance on their testimonies.

32. In view of the above, the appeal deserves to be allowed and it is hereby allowed. The judgment and order of the High Court dated 31.3.2004 in Criminal Appeal No.262 of 1997 is hereby set aside and the judgment and order of the trial Court dated 16.8.1996 convicting the respondents/accused under Section 302 IPC in Sessions Trial No.155/1995 is hereby restored. A copy of the judgment be sent to the Chief Judicial Magistrate, Guna, M.P. to take the said respondents 24 into custody and to send them to jail to serve the remaining part of the sentence.