Krishnbhan Singh vs State Of Madhya Pradesh

Sanjay Yadav, J

On 14.11.2007, Prathi (PW-1) Kotwar of village Kaluakhedi, Police Station Naisaray informed the Police at 13:30 PM that at 11 AM, one Charan

Singh (DW-1) informed that at Kaluakhedi Nala two bodies were lying in puddle ¼dhpM½ along with motorcycle. The information was recorded

as marg intimation (Exhibit P-1). The prosecution was set in motion. Naksha Panchayatnama (Exhibit P-4 & P-5) respectively recorded :

Exhibit P-4:

e`rd fo'oohj flag dk 'ko ukys ds ikuh dhpM+ esa fpRr voLFkk esa iM+k gqvk gS e`rd ds ikl gh eks0 lk0 ctkt dkoklkdh yky jax dh o nwljs e`rd jes'k lsu

dk 'ko dhpM es iMk gsS eks0 dz0 MP08 J 4930 gS A e`rd fpr voLFk esa gksdj flj mRrj dh vksj o iSj nf{k.k fn'kk dh vksj gSa A e`rd dk nkfguk iSj

eksVj lkbfdy ds mij o ck;ka iSj eksVj lkbZdy ds uhps nok gqvk gS A e`rd ds nkuks gkFkks dh gFksyh vkleku rjQ v/k[kqyh gS e`rd dk dej ls ysdj flj rd

dk fgLlk dhpM+@ikuh esa iM+k gqvk gS e`rd flysVh jax dk isaV blh jax dh 'kVZ igus gS rFkk ,d tkdsV Qqy oktw okyh igus gS ftl ij dhpM+ yxh gS

isUV ds uhps eVeSys jax dh pMM~h igus gq,s gS A e`rd ds pSgjk] ukd] vkWa[k] eWawg] xky esa cgqr xgjs ?kko gksdj [kwu fudj jgk gS e`rd dk flj

Hkh [kwu ls luk gqvk gS iwjk 'kjhj dhpM+ ls fcxM+k gqvk gS yk'k ds vklikl dk ikuh [kwu ls yky gks x;k gS A e`rd dh yk'k fudkydj dhpM+ ls myV

iqyV dj ns[kus dk dksbZ vU; pksV fn[kbZ nh ihB vkfn ij fn[kkbZ ugha nh A e`rd ls lVh iM+h eks0lk0 Hkh iwjh rjg dhpM+ esa fcxM+h gqbZ gS A

e`rd ds xqIrkax ns[ks dksbZ izR;{k pksV fn[kbZ ugha nh AÂ

Exhibit P-5:

^^e`rd dk eqWag [kqyk gksdj [kwu ls fcxM+k gqvk gS rFkk nkar Hkh VwVs ls fn[k jgs gSa ukd dku esa Hkhs pksaVs gksdj [kwu ls fcxM+s gq, gS

rFkk dku ds ikl ?kko gksuk A [kwu fudy jgk gsS e`rd dh vkW[ksa can gS rFkk flj ds cky feVV~h ls fcxM+s gS e`rd dks dhpM+ ikuh ls ckgkj fudky dj

myV&iyV dj ns[kk rks flj psgjk ds vkykok dhpM+ dh otg ls pksVsa okgjh fn[kkbZ ugha ns jgha A e`rd ds 'kjhj pgs jk fdlh gfFk;kj ls pksVsa

igqWapkbZ xbZ gS A^^

[2] These bodies were identified as those of Vishwaveer Singh and Ramesh. The bodies were sent for postmortem, reports whereof are Exhibit P-9

and P-14 respectively. As per postmortem report Exhibit P-9, following injuries were noticed on the body of Vishwaveer Singh:

 “1. Abrasion on left knee 2cm x 1 cm.

Abrasion on right leg upper 1/3 dorsally 1cm x 1 cm.

Lacerated wound on right mandibular region 3 cm x 1 cm x deep to bone.

Lacerated wound on left maxillary region 3.5cmx 1cm x deep to bone.

Lacerated wound on face over upper lip, lower lip nose with disfigurement of face 10 cm x 3 cm x deep to oral & nasal cavity lower lip intact,

upper lip & nose absent.

Abrasion on palmor surface of right hand at base of thumb 2 cm x 1cm.â€​

[3] As per opinion of Dr. Vivek Singh (PW-5) the cause of death is coma as a result of severe injury to skull. Mode of death as opined will depend on

circumstantial evidence.

[4] Similarly, following injuries were noticed on the body of the Ramesh;

“The Body of average built middle aged male lying surface on the mortuary table. Whole body covered with mud wearing white color towel with

violet edge. Blood and mud stained sky blue color underwear white color shirt dark muddy color jacket (all clothes are mud and blood stains. Right

eye sunken. Fist open bleeding from nose, ear, mouth, fracture on right parietal bone of scalp. Fracture on right frontal bone (depressed fracture

mandible left side inside teeth & upper canine (left side are broken. Blood filled in oral cavity. No other external injury found on the body.â€​ Â

[5] As per opinion of Dr. A.P. Mishra (PW-13), deceased Ramesh S/o Moolachand Aged 35 years R/o Mundra PS Nai Sarai is died due to coma as

a result of severe head injury.

[6] After completing necessary investigation, charge-sheet was filed. The trial Court framed the charges against the appellant for causing murder of

Vishwaveer and Ramesh.

[7] Appellant abjured the guilt.

[8] Prosecution, to bring home the charges, examined 15 witnesses. Of these Krishna (PW-2), Santosh (PW-3) (child witnesses) & Ameer

Mohommad (PW-4), are the eye witnesses.

[9] The trial Court on the basis of the evidence of eye witnesses corroborating with the medical evidence found the appellant guilty of the charge of

murder and by impugned order has sentenced him to life imprisonment.

[10] Challenging the order, it is urged that the appellant has been falsely implicated and the eye witnesses are implanted. It is urged that where the

dead body was found was not a common thoroughfare as would lead the alleged eye witnesses to take said way. It is urged that as there was no

previous enmity of the appellant with the deceased, the prosecution failed to establish the motive for causing murder. It is contended that the death

was due to accident and appellant is falsely implicated. [11] The learned Public Prosecutor for the State on his turn has supported the conviction. It is

urged that the conviction is based on cogent analysis of the evidence on record.

[12] Considered rival contentions and perused the entire record.

[13] As to whether the death of the two persons was homicidal or due to accident, the trial court in paragraph 6, on the basis of the nature of injury,

the place of incident being a puddle which ruled out the possibility of the motor cycle being driven at high speed and the evidence of eye witnesses of

having seen Ramesh (the deceased) getting down the motor cycle and pushing through puddle, and the medical report, held the death to be homicidal

and not accidental.

[14] As to whether the appellant caused the death; the trial court found the presence of three eye witnesses being in a natural course. Krishna (PW-

2) is student of class 7 had taken the way to home back from school being over at half time because of the children's day when at about 11:30 AM,

she being acquainted saw the appellant assailing the victims with lathi with which he had hit on their face. As a result whereof, they fell down.

Similarly, Santosh (PW-3) who is of the same village Kaluakhedi and knew the assailant was grazing cattle when at about 11/11:30 AM, he saw that

no sooner the victim's motor cycle got stuck in puddle and one man got down to push it from behind, the assailant came out of the bushes and gave

lathi blow resulting in falling down of both the persons. Ameer Mohommed (PW-4) another eye witness was on his way to find out sand road from

Bhaurideh Sindh river when he witnessed the incident. The trial Court analyzed the witnesses in paragraph Nos. 8 & 9 of the judgment. No

discrepancy has been shown by the appellant in the evidence of these eye witnesses, whose presence at the place of incident is not by chance, as

suggested but in natural course. The injury stated by these witnesses is corroborated with the medical evidence, as would leave any iota of doubt as to

presence of Krishna (PW-2), Santosh (PW-3) and Ameer Mohammad (PW-4) and witnessing the incident.

[15] There being a direct evidence witnessing the commission of offence, it was not obligatory for the prosecution to have proved the motive.

[16] Furthermore, the lathi used for commission of offence which was discovered at the instance of the appellant in presence of an independent

witness Jaswant Singh (PW-8) had human blood as per Forensic Science Laboratory report (Exhibit P-20). Though, the blood group could not be

matched because of blood disintegration. In R. Shaji Vs.State of Kerala, (2013) 14 SCC 266, it is held :

“31. A failure by the serologist to detect the origin of the blood due to disintegration of the serum does not mean that the blood stuck on the axe

could not have been human blood at all. Sometimes it is possible, either because the stain is insufficient in itself, or due to haematological changes and

plasmatic coagulation, that a serologist may fail to detect the origin of the blood in question. However, in such a case, unless the doubt is of a

reasonable dimension, which a judicially conscientious mind may entertain with some objectivity, no benefit can be claimed by the accused in this

regard. Once the recovery is made in pursuance of a disclosure statement made by the accused, the matching or non-matching of blood group (s)

loses significance. (Vide Prabhu Babaji Navle v. State of Bombay, AIR 1956 SC 51; Raghav Prapanna Tripathi v. State of U.P., AIR 1963 SC 74;

State of Rajasthan v. Teja Ram, (1999) 3 SCC 507; Gura Singh v. State of Rajasthan, AIR 2001 SC 330; John Pandian v. State (2010) 14 SCC 129

and Sunil Clifford Daniel v. State of Punjab, 2012 (11) SCC 205).

In view of the above, the Court finds that it is not possible to accept the submission that in the absence of a report regarding the origin of the blood,

the accused cannot be convicted, for it is only because of the lapse of time that the blood could not be classified successfully. Therefore, no advantage

can be conferred upon the accused to enable him to claim any benefit, and the report of disintegration of blood etc. cannot be termed as a missing link,

on the basis of which the chain of circumstances may be presumed to be broken.â€​

[17] Having thus considered, as the prosecution succeeded in establishing the charge on the appellant of causing murder of Vishwaveer and Ramesh

beyond reasonable doubt and the trial Court on meticulous analysis of entire evidence having upheld the charge of murder, we are not inclined to

cause any indulgence. Consequently, appeal fails and is dismissed.

[18] A copy of the order be sent to the trial Court along with its record for information.