Madhya Pradesh High Court
Deepak vs The State Of Madhya Pradesh on 7 March, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 7 th OF MARCH, 2025
CRIMINAL APPEAL No. 1225 of 2016
DEEPAK
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Anil Ojha - Advocate for the appellant.
Shri H.S. Rathore - Deputy Govt. Advocate for the respondent/State.
JUDGMENT
Per: Justice Gajendra Singh
This criminal appeal under Section 374(2) of the Cr.P.C, 1973 is
preferred challenging the conviction under Section 302 of the IPC and
sentenced to life imprisonment and fine of Rs.200/- with default stipulations
of 01 month R.I vide judgment dated 03.08.2015 passed in S.T. No.146/2014
by Sessions Judge, Badwani.
2. Facts of the case in brief are that Deepak is the son of elder
brother of deceased Fattu. Deceased Fattu was residing with the family of his
daughter Ashabai (PW-8) in village Nargawa, Faliya , Panwa, P.S Nagalwadi
district Badwani whereas the appellant was residing in the Juggi Jhopadi near
Phooti Kothi, Police Station Annapurna, Indore. Soma (PW-7) is the son-in-
law of deceased Fattu and Sugarabai (PW-1) is the mother of Soma and
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mother in law of Ashabai. On 13.04.20214 deceased Fattu and Sugarabai
(PW-1) were at home in village Nargawa Faliya Panawa because Soma was
in Pune, Maharastra in connection with his driving work and Ashabai (PW-
8) went to attend the local haat village Aujhar. On 13.09.2015 at 4:30 pm
appellant Deepak reached to the house of Sugarabai at village Nagar Faliya
Panawa and asked to meet Fattu. Sugarabai (PW-1) permitted Deepak to
meet Fattu in the house. Accused Deepak entered the room where Fattu was
present. Deepak sat on the cot with Fattu and rain had started, Sugarabai
went to the adjacent room. When the rain stopped Sugarabai went to the
room where Fattu was present but Deepak was not present in the room. On
search Sugarabai found that the neck of Fattu has been slit and there is
bleeding from the wound and Fattu has died. After sometime she noticed that
Deepak is coming from the field of Maize. Sugarabai made an alarm with a
request to catch hold Deepak. Shubhan and Mukesh caught hold Deepak and
asked why he has killed Fattu.
3. Appellant Deepak replied that Fattu was making a dispute with
him saying that Deepak and his father does not come to meet him due to
which he killed Fattu. A blood stained knife was recovered from the pocket
of Deepak. Dehati Nalisi Ex.P/1 was recorded at the instance of Sugarabai
(PW-1), Crime No.171/2014 was registered in P.S Nagalbadi, District
Badwani against Deepak. Autopsy was conducted, spot map was prepared,
statements were recorded and a final report under Section 173(2) of the
Cr.P.C was submitted to the Court of JMFC, Rajpur, District Badwani
Criminal Case No.647/2014 was registered vide judgment dated 14.11.2014
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the case was committed to the Court of Sessions.
4. Charges under Section 302 of the IPC was framed and appellant
abjured the guilt and claimed for trial pleading innocence.
5. To bring home the guilt prosecution witness examined as many as
11 witnesses including Sugarabai (PW-1), Shubhan (PW-2), Mukesh (PW-
6), Krishnakant @ Kanha (PW-9), Head Constable Rajendra Verma (PW-3),
Pratap Singh (PW-4), Medical Officer PHC, Aujhar Dr. R.S Mandloi (PW-
5), Ashabai (PW-8) Sainik Mahesh (PW-10), Sub-Inspector Sudeep Soni
(PW-11).
6. In cross-examination under Section 313 of the Cr.P.C appellant
admitted the relationship between the deceased and the witnesses. Rest of the
facts and circumstances were either denied or expressed ignorance. He put
the plea of false implications due to the dispute of land. His defence through
cross-examination is that Fattu was ready to relinquish his share in the house
& agricultural land situated at village Gavela in favour of father of Deepak,
but son-in-law of Fattu was objecting and to avoid this relinquishment of
share, family members of Fattu's daughter's matrimonial side caused the
death of Fattu and have falsely implicated Deepak. No evidence has been
adduced by appellant Deepak.
7. Appreciating the evidence trial Court recorded the finding that
death of Fattu is homicidal in nature and found proved the circumstances
mentioned in para 31 & 32 of the judgment as below:-
I. Just before the death appellant Deepak was with the deceased
Fattu.
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II. The death of Fattu was caused by slitting his neck.
III. At that relevant period of time when it was raining Deepak was
seen washing blood from his hand from rain water falling from the roof.
IV. Thereafter, appellant was apprehended with blood stained knife.
8. On the above circumstances, trial Court concluded that appellant
has caused the death of Fattu by slitting his neck by knife with intent to kill
him. Appellant has been convicted under Section 302 of the IPC and
sentenced as per para 01 of the judgment.
9. Challenging the conviction and sentence this appeal has been
preferred on the ground that trial Court was wrong in not considering the
material contradictions and omissions in the statements of prosecution
witnesses. Prosecution could not prove the guilt of the appellant beyond
reasonable doubt. Trial Court committed error in believing prosecution
witness and discarding defence version.
Heard.
10. Learned counsel for the respondent/State has opposed the prayer.
Perused the record.
11. Dr. R.S Mandloi (PW-5) conducted the autopsy on the body of
Fatu on 14.09.2014 at 9:00 am and found the following injuries on the body
of deceased Fattu as mentioned in report Ex.P/7 which are as under:-
"1. कटा घाव - 9 गु णत 5 गु णत 5 से.मी. आकार का था जो गदन पर था। टे ◌् कया
( ासनली) और मेजर वेस स कटे हुए थे। चोट के कनारे साफ सुथरे थे।
2. कटा घांव-2 गु णत 1 से.मी. आकार का दाढ़ पर (चीन) पर बांयी तरफ ।
3. कटा घांव-2 गु णत 1 से.मी. आकार का दाढ़ पर (चीन) पर बांयी तरफ ।
4. कटा घांव-2 गु णत 1 से मी. आकार का छाती पर बायी तरफ।
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5. अनेक कटे घांव छाती पर थे जनका आकार 3 गु णत 1 से.मी. एवं 2 गु णत 1
से.मी एवं 2 गु णत 1 से.मी आकार का दाढ़ पर (चीन) पर बांयी तरफ।
उ सभी चोटे मृ यु पूव क थी और शव पर ण से 24 घंटे क भीतर का रत थी।
3 आंत रक पर ण म◌ः-कंठ और ासनली दे खने पर दे कया एवं मेजर वेस स
कटे पाये थे दय का बांया क खाली था दां हने क म थोडा सा र था। उदर
दे खने पर पेट म अधतरल खा पदाथ कर ब 300 एम.एल. पाया गया था। छोट
आंत म अधपचा भोजन था और बड़ आंत म पचा हुआ भोजन था।
4 शव पर ा उपरांत मेरा मत है क मृतक फ ु क मृ यु का डयोरे पायटर
एरे ट से हुई थी जो े कया और मेजर वेस स कटने और र िनकलने से हुआ
था। उसक मृ यु शव पर ण पूव 24 घंटे के भीतर हुई थी। मेरे ारा द गयी शव
पर ा रपोट .पी.7 है । जस पर ए से ए भाग पर मेरे ह ता र है । उ रपोट मेरे
ह तलेख म है ।
5. मैने मृतक के र रं जत कपडे एक पैकेट म सीलबंद करवाकर उ ह आर क
व णु के सुपुद कया था।
6 दनांक 29.09.2014 को मुझे थाना भार नागलवाड के प के साथ एक
सीलबंद चाकू ा हुआ था। उस प से यह ितवेदन चाहा गया था क बताया
जावे क क मृतक क गदन, सीने और दाढ म का रत चोटे जो पी.एम. रपोट म
व णत है । ऐसे चाकू से आ सकती है या नह ं और या ज शुदा चाकू से पहुँचागी
गयी उ चोट से मृ यु संभव है । मैने सीलबंद चाकू को खोलकर उसका पर ण
कया था। चाकू को दे खा था उसका फल 4.2 इं च लंबा और 2.50 से.मी. चौडा था।
एक तरफ से धारदार था। चाकू के दोनो सीरे पर खून के द बे पाये गये थे। मैने
अिभमत दया था क मृतक फ ु को का रत चोटे ऐसे चाकु से आ सकते है तथा
ऐसे चाकू से का रत चोटे से मृ यु होना संभव है । मेरे दया गया यूर ितवेदन
.पी.8 है । जस पर ए से ए भाग पर मेरे ह ता र है । मैने चाकू को वापस सीलबंद
करके आर क र व चौहान को सौप दया था।"
12. Testimony of Sugarabai (PW-1) could not be demolished on the
fact that on 13.09.2014 just before the death of Fattu, Deepak was with the
deceased Fattu in the house of Sugarabai (PW-1) at 4:00 pm. Krishnakant @
Kanha (PW-9) was a student of Class-IX at the that time and stated that he
has seen the appellant Deepak washing blood from his hands with rain water
coming from the roof of the house. The house of Krishnakant @ Kanha is
just after one house from the place of incident. Nothing material has been
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elicited to discredit his testimony.
13. Shubhan (PW-2) and Mukesh (PW-6) has stated that on the call
of Sugarabai (PW-1) they caught hold Deepak and there was blood stained
knife in the right side pocket of pant of Deepak. Deepak told them that Fattu
was making complaints as to why Deepak and his father do not come to
meet him due to which appellant killed Fattu. Sub-Inspector Sudeep Soni
(PW-11) has stated that he arrested the appellant Deepak at 5:30 pm on
13.09.2014 at village Nargawa, Faliya Thana vide Ex.P/2. A blood stained
knife was recovered from the right side pocket from the pant of appellant
Deepak. This witness has prepared the spot map Ex.P/12 and marked the spot
where he found the dead body of Fattu by sign 1A which a room in the house
of Soma. This witness has denied the suggestion that person other than the
family member may enter the room where body of Fattu was found.
Accordingly, the findings of trial Court are based on proper appreciation of
evidence regarding proof of circumstances on the basis of which he
concluded that appellant Deepak has caused the murder of Fattu.
14. Dr. R.S Mandloi (PW-5) has opined through Ex.P/8 that the
injury found on the body of Fattu could be caused by the knife sent to him in
examination and Inspector Sudeep Soni (PW-11) has denied the suggestions
that the knife seized from the appellant was not sent for query to Dr. R.S
Mandloi.
15. Para 7& 11 of the cross-examination of Sugarabai (PW-1) does
not disprove any of the above circumstances and there is no explanation of
the appellant/accused for washing the blood from the rainy water just after
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the incident near the place of incident and possession of blood stained knife
within a short duration of the incident and also the fact in what
circumstances he left the company of deceased Fattu at the house of
Sugarabai and what was the condition of Fattu when he left the house of
Sugarabai.
16. All the circumstances proved by the prosecution beyond
reasonable doubt taken cumulatively form a chain so complete that there is
no escape from the conclusion that within all human probability the crime
was committed by the appellant/accused and none else who had committed
the crime excluding all other hypotheses inconsistent with his guilt and
consistent with his innocence.
17. Accordingly, the conviction of the appellant under Section 302
of the IPC and sentence of life imprisonment and fine of Rs.200/- with
default stipulations of 01 month R.I does not require interference and is
affirmed. Hence, this appeal being devoid of any merit is hereby dismissed.
18. Let copy of the judgment be provided to the appellant through
concerned Jail Superintendent. The record of the trial Court be also sent back
for necessary compliance.
(VIVEK RUSIA) (GAJENDRA SINGH)
JUDGE JUDGE
akanksha
