{"id":210912,"date":"2011-03-01T00:00:00","date_gmt":"2011-02-28T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/ratan-singh-vs-the-state-of-m-p-on-1-march-2011"},"modified":"2015-10-03T19:52:25","modified_gmt":"2015-10-03T14:22:25","slug":"ratan-singh-vs-the-state-of-m-p-on-1-march-2011","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/ratan-singh-vs-the-state-of-m-p-on-1-march-2011","title":{"rendered":"Ratan Singh vs The State Of M.P on 1 March, 2011"},"content":{"rendered":"
Madhya Pradesh High Court<\/div>\n
Ratan Singh vs The State Of M.P on 1 March, 2011<\/div>\n
                                              (1)                       Cr.A.No. 341\/05\n\n\n                  HIGH COURT OF MADHYA PRADESH AT JABALPUR\n\n           DIVISION BENCH:HON'BLE SHRI JUSTICE RAKESH SAKSENA\n                          HON'BLE SHRI JUSTICE T.K.KAUSHAL\n\n                            CRIMINAL APPEAL NO. 341\/2005\n\nAPPELLANT:                               Ratan Singh, S\/o Bamhan Singh Marawi\n                                         aged 56 years, Occupation Cultivation\n                                         R\/o Village Khiksatand (Lalkhatitola), P.S.\n                                         Motinala, District Mandla (M.P.).\n\n                                         Versus\n\n\nRESPONDENT:                              State of Madhya Pradesh through Police\n                                         Station Motinala District Mandla (M.P.).\n------------------------------------------------------------------------------------------------\n<\/pre>\n
For the Appellant        :             Shri V.P.Singh, Advocate.\nFor the respondent\/State :             Shri Vijay Pandey, Dy. Advocate General.\n\nDate of hearing : 01\/03\/2011\nDate of judgment: 01\/03\/2011\n\n                                        (J U D G M E N T )\nPer: Rakesh Saksena; J,\n\n<\/pre>\n
        Appellant has filed this appeal against the judgment dated<\/p>\n
31.12.2004, passed by Second Additional Sessions Judge, Mandla, in<\/p>\n
Sessions Trial No. 24\/2004, convicting the appellant under Section 302 of<\/p>\n
the Indian Penal Code and sentencing him to imprisonment for life with<\/p>\n
fine of Rs. 500\/-. In default of payment of fine, further rigorous<\/p>\n
imprisonment for three months.\n<\/p>\n
2)      Briefly stated, facts of the prosecution case are that appellant and<\/p>\n
his wife Kulpat Bai resided in village Khiksatand. There was no population<\/p>\n
in the locality. House of Dhandhu Singh (PW1), brother of appellant was<\/p>\n
located at some distance from the house of appellant. Appellant and his<\/p>\n
wife both were addicted of consuming liquor.                      Under intoxication, they
\n                                     (2)                 Cr.A.No. 341\/05<\/p>\n
frequently used to indulge in quarrel.          Appellant used to become<\/p>\n
aggressive and assault his wife. None used to intervene in their quarrel. It<\/p>\n
is alleged that in the night intervening between 7-8th January, 2004, there<\/p>\n
occurred a quarrel between appellant and his wife Kulpat Bai. Appellant<\/p>\n
assaulted Kulpat Bai by fists and kicks. As a result of injuries on her ribs,<\/p>\n
Kulpat Bai died. Next day morning, appellant ran away leaving dead body<\/p>\n
of Kulpat Bai in the house. In the morning, when Dashri Bai (PW2), sister<\/p>\n
of deceased went to the house of deceased and called her, she found her<\/p>\n
lying dead.      She went back to her house and informed her husband<\/p>\n
Dhandhu Singh (PW1) and other people of village. Dhandhu Singh (PW1)<\/p>\n
went to Police Station, Motinala and reported about the death of Kulpat<\/p>\n
Bai. Police recorded merg intimation Ex. P\/1.\n<\/p>\n
3)    Dead body of Kulpat Bai was sent to Community Health Centre,<\/p>\n
Bichhiya, where Dr. P.D. Sahu (PW4) conducted postmortem examination<\/p>\n
of the dead body. He found six injuries on the body of deceased. On<\/p>\n
internal examination of the body, he found that her ribs were fractured<\/p>\n
and lungs were ruptured. He also found alcoholic content in the abdomen.<\/p>\n
According to his report Ex. P\/5, the death of Kulpat Bai could be homicidal<\/p>\n
or accidental.\n<\/p>\n
4)    After further investigation and arrest of appellant on 16.1.2004,<\/p>\n
charge sheet in the case was filed and the case was then committed for<\/p>\n
trial. Appellant abjured his guilt and pleaded false implication.<\/p>\n
5)    Learned Additional Sessions Judge, after trial and upon appreciation<\/p>\n
of the evidence adduced in the case, convicted and sentenced the
\n                                     (3)                  Cr.A.No. 341\/05<\/p>\n
appellant under Section 302 of the Indian Penal Code, as aforesaid by the<\/p>\n
impugned judgment, which has been challenged in this appeal.<\/p>\n
6)    We have heard the learned counsel for the parties.<\/p>\n
7)    It was not disputed that deceased Kulpat Bai died of injuries found<\/p>\n
on her body. Dr. P.D.Sahu (PW4) deposed that dead body of Kulpat Bai<\/p>\n
was brought to Community Health Centre, Bicchiya on 8.1.2004, and he<\/p>\n
conducted postmortem examination of the same. He found following<\/p>\n
injuries on her body:\n<\/p>\n
      (i)     abrasion 2 cm x 1 cm in lateral margin of left ear,<\/p>\n<\/blockquote>\n
      (ii)    abrasion 4 cm x 1 cm in posterior aspect of left<\/p>\n
      shoulder,<\/p>\n<\/blockquote>\n
      (iii)   abrasion 1 cm x 1 cm in posterior aspect of right<\/p>\n
      shoulder,<\/p>\n<\/blockquote>\n
      (iv)    abrasion 2 cm x 1 cm in left angle of mouth,<\/p>\n<\/blockquote>\n
      (v)     abrasion 0.5 cm x 0.5 cm in left and right knee<\/p>\n
      joints &<\/p>\n<\/blockquote>\n
      (vi)    abrasion 1 cm x 0.5 cm in middle toe of right foot.<\/p><\/blockquote>\n
      On internal examination of the body, seven ribs of left side and six<\/p>\n
ribs of right side were found fractured. Right and left lungs were also<\/p>\n
ruptured. There was alcoholic content in the stomach of deceased. In his<\/p>\n
opinion, the death of deceased could be either homicidal or accidental.<\/p>\n
Her postmortem examination report Ex. P\/5 written and signed by Dr. P.D.<\/p>\n
Sahu (PW4) is also placed on record. It was thus clearly evident that<\/p>\n
deceased Kulpat Bai died of injuries found on her body.\n<\/p>\n
                                    (4)                     Cr.A.No. 341\/05\n\n8)    Learned counsel for the appellant, however, submitted that trial\n\n<\/pre>\n
Court erred in placing implicit reliance on the evidence of Dhandhu Singh<\/p>\n
(PW1) and Dashri Bai (PW2). There was no evidence on record to show<\/p>\n
that at the time of occurrence, he was present in his house. There was no<\/p>\n
direct evidence in the case, but trial Court convicted the appellant on the<\/p>\n
basis of surmises and conjectures. Learned counsel further submitted that<\/p>\n
even if it was found proved that appellant assaulted the deceased, his act<\/p>\n
did not fall in the ambit of the offence under Section 302 of the Indian<\/p>\n
Penal Code. At the most, it could be a case under Section 304-Part II of<\/p>\n
the Indian Penal Code. Learned counsel for the State, on the other hand,<\/p>\n
justified and supported the conviction of the appellant.<\/p>\n
9)    We have gone through the entire evidence on record.<\/p>\n
10)   Dhandhu Singh (PW1) deposed that appellant was his younger<\/p>\n
brother. He lived at a short distance from his house with his wife.          His<\/p>\n
two sons had gone to Delhi for labour work.         Appellant and his wife<\/p>\n
(deceased) used to consume liquor and hurl abuses under intoxication.<\/p>\n
On the day, on which Kulpat Bai died, at about 7-8 O’ clock in the night,<\/p>\n
appellant and deceased talked to each other after consuming liquor. He<\/p>\n
did not hear any quarrel between them. Next day at about 11 O’ clock<\/p>\n
when his wife Dashri Bai went      to the house of Kulpat Bai, she found<\/p>\n
Kulpat Bai sleeping with a quilt over her. Dhasri Bai was real sister of<\/p>\n
Kulpat Bai. When she tried to wake her up, she saw Kulpat bai lying dead.<\/p>\n
She informed Dhandhu Singh about the death of Kulpat Bai.            Dhandhu<\/p>\n
Singh (PW1) stated that he had seen appellant warming up in the ` Badi’ of
\n                                    (5)                Cr.A.No. 341\/05<\/p>\n
his house in the early morning.\n<\/p>\n
11)   Dashri Bai (PW2) too deposed that her sister Kulpat Bai used to<\/p>\n
drink liquor excessively.   Appellant also consumed liquor and used to<\/p>\n
quarrel with Kulpat Bai. In the morning at about 11 O’ clock when she<\/p>\n
went to the house of Kulpat Bai, she found her lying dead under her quilt.<\/p>\n
She informed her husband about the death of Kulpat Bai. Appellant was<\/p>\n
not present in the house.\n<\/p>\n
12)   Tulsiram (PW5) deposed that Kulpat Bai and her husband on the<\/p>\n
day when she died, lived in the same house. Kulpat Bai died in the night<\/p>\n
and on the next day morning, he saw appellant on the road going towards<\/p>\n
the house of his brother Dhandhu. Thereafter, he returned to his house.<\/p>\n
He too stated that appellant and the deceased used to consume liquor and<\/p>\n
quarrel with each other.\n<\/p>\n
13)   From the evidence of aforesaid witnesses, it is established that<\/p>\n
appellant lived in his dwelling house with the deceased. His presence in<\/p>\n
the house in the evening, before the death of deceased is established by<\/p>\n
the evidence of Dhandhu Singh (PW1) and in the next morning by the<\/p>\n
evidence of Tulsiram (PW5). There appeared nothing in their statements<\/p>\n
to indicate that they were speaking false.\n<\/p>\n
14)   In Trimukh Maroti Kirkan Vs. State of Maharashtra-(2006) 10<\/p>\n
SCC 681, Apex Court observed that “where an accused is alleged to have<\/p>\n
committed the murder of his wife and prosecution succeeds in leading<\/p>\n
evidence to show that husband and wife were last seen together or the<\/p>\n
offence was committed in the dwelling house, where the husband also
\n                                    (6)                  Cr.A.No. 341\/05<\/p>\n
resided, and if the accused husband offers no explanation as to the<\/p>\n
injuries received by his wife or if the explanation is false, there is strong<\/p>\n
circumstance which indicates that he committed the crime.”<\/p>\n
15)   From the evidence of Tulsiram (PW5), it is proved that after the<\/p>\n
death of Kulpat Bai appellant did not come to his village for 1-2 days.<\/p>\n
Investigating Officer Indresh Tripathi (PW7) arrested appellant only on<\/p>\n
16.1.2004 i.e. about seven days after the death of his wife. According to<\/p>\n
appellant, as he stated in his statement under Section 313 of the Code of<\/p>\n
Criminal Procedure, on Sunday he had gone to house of his nephew at<\/p>\n
village Khuriabandh and on getting information about the death of his<\/p>\n
wife, he returned on Wednesday of second week, but he was arrested by<\/p>\n
the police on way. Neither such suggestion was made by the accused to<\/p>\n
prosecution witnesses in the trial, nor any evidence was produced by him<\/p>\n
to substantiate this fact.\n<\/p>\n
16)   From the evidence adduced by the prosecution, it appears that the<\/p>\n
explanation furnished by the appellant was neither reasonable nor truthful<\/p>\n
and it was clearly established that in the night intervening between 7th-8th<\/p>\n
of January, 2004, he was present in his house with the deceased, who<\/p>\n
died due to injuries found on her body.       He remained absconding till<\/p>\n
16.1.2004 when he was arrested by the police. In this fact situation, the<\/p>\n
only possible inference is that he caused injuries to deceased which<\/p>\n
resulted into her death.\n<\/p>\n
17)   The next question before us is that whether conviction of appellant<\/p>\n
under Section 302 of the Indian Penal Code was justified.          From the
\n                                    (7)                  Cr.A.No. 341\/05<\/p>\n
evidence of Dhandhu Singh (PW1), Dashri Bai (PW2) and Tulsiram (PW5),<\/p>\n
it is established that appellant and deceased were liquor addict. Under<\/p>\n
intoxication, they used to quarrel and none interfered in this routine.<\/p>\n
There is absolutely no evidence on record to indicate that relations<\/p>\n
between them were strained or appellant had any motive to commit<\/p>\n
murder of deceased.     According to Dr. P.D.Sahu (PW4), the death of<\/p>\n
deceased could have been homicidal as well as accidental.          In these<\/p>\n
circumstances,   the possibility that in a sudden quarrel under spell of<\/p>\n
liquor, appellant assaulted deceased causing injuries to her, which resulted<\/p>\n
into her death, could not be ruled out. Thus, in our opinion, the conviction<\/p>\n
of appellant under Section 302 of the Indian Penal Code does not appear<\/p>\n
correct, but, since, it can be safely held that appellant assaulted deceased<\/p>\n
with the knowledge that it was likely to cause her death or to cause such<\/p>\n
bodily injury as was likely to cause her death, he deserves to be convicted<\/p>\n
under Section 304-Part-II of the Indian Penal Code.<\/p>\n
18)   Accordingly, the conviction of appellant under Section 302 of the<\/p>\n
Indian Penal Code and sentence of life imprisonment awarded by the trial<\/p>\n
Court is set aside. Instead appellant is convicted under Section 304 Part II<\/p>\n
of the Indian Penal Code and sentenced to rigorous imprisonment for<\/p>\n
seven years.\n<\/p>\n
19)   Appeal partly allowed.\n<\/p>\n<\/p>\n
      (RAKESH SAKSENA)                                (T.K.KAUSHAL)\n          JUDGE                                           JUDGE\n\nAD\/\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
Madhya Pradesh High Court Ratan Singh vs The State Of M.P on 1 March, 2011 (1) Cr.A.No. 341\/05 HIGH COURT OF MADHYA PRADESH AT JABALPUR DIVISION BENCH:HON’BLE SHRI JUSTICE RAKESH SAKSENA HON’BLE SHRI JUSTICE T.K.KAUSHAL CRIMINAL APPEAL NO. 341\/2005 APPELLANT: Ratan Singh, S\/o Bamhan Singh Marawi aged 56 years, Occupation Cultivation R\/o Village Khiksatand (Lalkhatitola), […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,24],"tags":[],"class_list":["post-210912","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madhya-pradesh-high-court"],"yoast_head":"\nRatan Singh vs The State Of M.P on 1 March, 2011 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/ratan-singh-vs-the-state-of-m-p-on-1-march-2011\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Ratan Singh vs The State Of M.P on 1 March, 2011 - 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