Jamnadas vs State Of M.P

Prosecution story in brief is that on 16.9.2006 at about 19.50 hours (7.50 p.m.) PW 19 Constable Nirmal Kumar Patil received telephonic information at Police Control Room that a middle aged woman came on a scooty, and threw two bundles wrapped in bed sheets in Sewa Ram Zilani Garden, Patel Nagar, Indore, and that some blood stains were visible from the packets. On the basis of the telephonic information, Ext.P.33 was recorded at the Control Room. Within five minutes at about 19.55 hours (7.55 p.m.) the information was transmitted to the concerned police station Juni and information Ext. P.34 was recorded. After Dehati Murg intimation Ext.P.1 entered, PW 17 Head Constable Ashraf Ali left the Police Station Juni along with PW 12 Constable Mohd. M. Ahmad towards the spot. Enquiries were made in the same evening on which PW 1 Mukesh Jaiswal told that as usual on that day (16.09.2006) at about 5.30 p.m., he had gone to temple and was sitting with PW 5 Manohar @ Mannu, PW 4 Udhav Dass and PW 3 Narayana. They sent PW 2 Phugga @ Kamal to bring milk, and after sometime PW 2 Phugga @ Kamal came back and told them that one packet wrapped in colored bed sheet was lying in the park near walking track, in which blood spots were visible. The above named four persons with Phugga went towards the place, and saw the bundle with blood stains. Soon thereafter they saw a woman coming on an Activa who threw another packet, and went away. On this the telephonic information was given to the Control Room. Thereafter Murg inquiry was made by PW-35 SI Mohan Lal Purohit, who registered crime no. 431 of 2006 on the next day 17.9.2006 against unknown persons. Inquest report Ext.P-6 was prepared by the police on 17.9.2006 at about noon after dead body was identified as the one that of Bhoomi @ Richa by PW 6 Sanjay Chhabra, cousin of the deceased. The dead body was sent in a sealed condition for autopsy.

Thereafter, house of the appellants i.e. 40, Sarvodaya Nagar (Indore) was searched. During investigation blood stains were found in the house of the appellants. Samples of blood stains were taken and, search memo Ext.P-54, P-56 and P-57 prepared in the presence of PW 30 Suresh Neema and one Ramesh. Silver colour Activa bearing registration No. MP 09/JX-7556 was also seized.

The investigation revealed that marriage of Bhoomi @ Richa (deceased), daughter of PW-22 Rajesh Kumar Nachani, was solemnized with appellant Manoj on 22.4.2006 at Indore, whereafter she started residing in 40, Sarvodaya Nagar with her husband (Manoj), father-in-law (Jamnadas), Mother-in-law (Dhanwantari), brother-in-law (Vishal) and minor sister-in-law (Heena @ Madhuri).

On 19.9.2006, appellants Manoj and Jamnadas along with Dhanwantari (mother- in-law) were arrested. After their arrest, accused were medically examined by PW 27 Dr. G.L. Sodhi, who found marks of simple injuries on the person of Dhanwantari, and medical report Ext.P-50 was prepared. On 23.9.2016, Vishal (brother-in-law of deceased) was also arrested.

The trial court after hearing the parties found that charge framed against accused Vishal (brother-in-law of the deceased) regarding his involvement in the crime, was not proved beyond reasonable doubt as such he was acquitted. The trial court found rest of the three accused, namely, Dhanwantari, Jamna das and Manoj guilty of offence of murder with common intention punishable under Section 302 read with Section 34 IPC, and convicted them accordingly. Accused Dhanwantari was further convicted under Section 201 IPC for causing disappearance of evidence of murder. After hearing on sentence, 6th Additional Sessions Judge, (Indore), vide his order dated 24.8.2009, sentenced each of the convicts under Section 302/34 IPC imprisonment for life and directed to pay fine of Rs.5000/-. It was further directed that in default of payment of fine, the defaulter shall undergo further rigorous imprisonment for a period of one year. Convict Dhanvantari was further sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5,000/- in respect of offence punishable under Section 201 IPC and in default of payment of fine she was directed to undergo three months rigorous imprisonment. On other heads, the accused stood acquitted from the charge.

The three convicts filed separate appeals before the High Court and the same were heard together and disposed of by the common judgment and order dated 23.8.2012, impugned in these appeals.

Stab wound present on the right side cheek just lateral to angle of mouth 3x1.5cm into deep tongue skin deep 3.2 cm other smaller incised on its medical and size 2 x 1cm size this also deep skin.

Injuries as on the neck. Anterioly 3 x 1.0 cm sizes 2 wounds present just lateral to med in a right side and 2 wounds later mid line on left side. Wound deep to neck tissue structure but anteriorly no large vessel cut of wound deep to the sub cut to neck tissue all the soft tissue structure attached to the trachea on right side shows cut marks. Back of the neck. Chop wound present on the back mid line part size 6.9cm x 2.5cm x deep to the vertebral column transversely placed with 2 infliction overlapping each other mid line size measured 4.5 cm wound all the muscles and deep structure injury show cut marks.

2 incised wounds present on the chest 4.0cm medical to the left nipple size 3.0 x 1.2cm at 6th rib other on right side 3.0cm lateral to mid line at 7th rib size 2.8 x 1.0cm depth to the bone. Multiple very small and fine linear large marking wound present on the chest 0.1cm deep present with varying length.

Injury on left upper limb 4 incised wounds present on the left upper limb (1) 4x2cm (2) 3.5 x 2.0cm (3)1.5 x 1.0cm and (4) 1 x 1cm size. All are muscle deep. 3 injury present on the back of the arm (1) 6 x 3cm (2) 3 x 1cm (3) 2.5 x 1.0cm all deep to muscle. Left forearm anterior middle part 4 x 2cm size deep to muscle.

Antemortem injuries narrated by PW-15 Dr. N.M. Unda clearly suggest that the deceased attempted to save herself and resisted the assault with all her might before her death, and she appears to have been overpowered by the assailants, and killed brutally.

The chain of circumstances proved on the record against the appellants is as under: -

Perusal of the number of anti mortem and post mortem injuries mentioned in autopsy report read with statement of PW 15 Dr. N.M. Unda establish beyond reasonable doubt that the crime could not have been committed by one person alone.

There were in all five members in the family excluding the deceased – three male members (Jamnadas father-in-law, Manoj – Husband and Vishal brother-in- law of the deceased) and two female members (Dhanwantari mother-in-law and Heena @ Madhuri minor sister-in-law).

The appellants have failed to disclose as to how deceased has died which was especially within their knowledge.

It is nobody’s case that any outsider came in the house. There is no report lodged to police by the appellants regarding homicidal death of the deceased who was wife of appellant Manoj and daughter-in-law of appellant Jamnadas as discussed above.

False explanation has been given by the appellants in their statements under Section 313 Cr.P.C. that the deceased had gone to her relative’s place and that she was missing which is an additional link on the record against them, in the chain of circumstances.

The above chain of circumstances against the appellants is complete, and the defence theory that they were in the shop cannot be accepted. Therefore, having re-appreciated the entire evidence on record, we concur with the courts below that appellants Jamnadas and Manoj had common intention with Dhanwantari in commission of brutal murder of Bhoomi @ Richa. It is not a fit case where impugned order requires any interference.

For the reasons, as discussed above, these appeals are liable to be dismissed, and the same are accordingly dismissed.

June 29, 2016.