Madhya Pradesh High Court
The State Of Madhya Pradesh vs Ballu Kushwah on 14 May, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 14 th OF MAY, 2024
CRIMINAL APPEAL No. 14735 of 2023
BETWEEN:-
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION MATABASAIYA, DISTRICT MORENA
(MADHYA PRADESH).
.....APPELLANT
(DR. ANJALI GYANANI - PUBLIC PROSECUTOR FOR THE
APPELLANT/STATE).
AND
BALLU KUSHWAH S/O SHRI LODURAM KUSHWAH,
AGED - 25 YEARS, OCCUPATION: KHETI, R/O -
MAHARAJ SINGH KA PURA, MUNDAWALI, ARAKSHI
KENDRA, JOURA ,DISTRICT MORENA (MADHYA
PRADESH)
.....RESPONDENT
(NONE FOR THE RESPONDENT)
This appeal coming on for admission this day, Justice Vivek Rusia
passed the following:
ORDER
1. Appellant/State has filed this Criminal Appeal under Section 378
of Cr.P.C. against the judgment dt.26.08.2023 passed by the 8th
Additional Sessions Judge, Morena (Madhya Pradesh) in Sessions Trial
No.334/2021, whereby the respondent has been acquitted under Section
177 of IPC but has been convicted under Section 302 of IPC for committing
murder of his wife.
2. As per prosecution story, on 16.06.2021, respondent gave an
information to police that on 15.06.2021 he was returning with his wife
Bhuri on motorcycle from village Radua Ka Pura. Thereafter they went to
Mata Basaiya Mandir for worship. On the same day, at 08.10 PM when
they were returning from temple, near Rasilpur Gate seven persons came
on two motorcycles and apprehended them. They abducted him as well as
his wife. However, he somehow escaped from there and ran away. After
sometime, he searched his wife and found her dead body lying near the
canal. The police registered Dehati Nalishi (Ex.P/28) against unknown
persons under Section 364 and 302 of IPC. However, the investigation
revealed that the appellant himself committed murder of his wife and gave
wrong information to the police. Accordingly, the police filed charge sheet
against him under Sections 302 and 177 of IPC. The charges were framed.
After the entire trial, learned trial court vide judgment dt.26.08.2023
convicted the appellant under Section 302 of IPC but acquitted him under
Section 177 of IPC on the ground that there is no provision in Cr.P.C. for
giving information by the accused about his own crime to the police. Hence
the present appeal before this Court.
3. Learned Public Prosecutor appearing for the appellant/State
submits that the respondent gave wrong information to the police about the
murder of his wife, whereas he himself commited the murder. Therefore,
learned court has wrongly acquitted him under Section 177 of IPC.
4. Section 177 of the IPC is reproduced below :-
"177. Furnishing false information. - Whoever, being legally
bound to furnish information on any subject to any public
servant, as such, furnishes, as true, information on the subject
which he knows or has reason to believe to be false, shall be
punished with simple imprisonment for a term which may
extend to six months, or with fine which may extend to one
thousand rupees, or with both;
or, if the information which he is legally bound to give
respects the commission of an offence, or is required for the
purpose of preventing the commission of an offence, or in
order to the apprehension of an offender, with imprisonment of
either description for a term which may extend to two years, or
with fine, or with both."
5. According to Section 177 of IPC, whoever being legally bound to
furnish information on any subject to any public servant, as such, furnishes,
as true, information on the subject which he knows or has reason to
believe to be false, shall be punished with simple imprisonment for a
term which may extend to six months or with fine.
6. Learned trial Judge has rightly held that the accused person is not
legally bound to furnish information to any public servant or police about
any crime committed by him. As per the illustration given in the IPC as A
and B, the conduct of respondent giving false information about the death to
the police does not fall under Section 177 of IPC. Hence, acquittal of
respondent under Section 177 of IPC is justified. Appeal has no merit and
is accordingly dismissed.
(VIVEK RUSIA) (RAJENDRA KUMAR VANI)
JUDGE JUDGE
SP
SANJEEV
KUMAR PHANSE
2024.05.16
12:22:24 +05'30'
