Madhya Pradesh High Court
Mehtab Singh vs The State Of M.P. on 6 September, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
NEUTRAL CITATION NO. 2024:MPHC-JBP:45395
1 CRA-32-1996
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
&
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 6 th OF SEPTEMBER, 2024
CRIMINAL APPEAL No. 32 of 1996
MEHTAB SINGH
Versus
THE STATE OF M.P.
Appearance:
Shri B.K. Khare - Advocate for the appellant.
Shri Ajay Shukla - Government Advocate for the respondent/State.
ORDER
Per: Justice Vivek Agarwal This appeal is filed by the sole appellant Mehtab Singh, S/o Fadda, being aggrieved of the judgment dated 25.11.995 passed by the First Additional Sessions Judge, Hoshangabad in S.T. No.123/1995 convicting the appellant for the offence punishable under Section 302 of IPC.
2. It is submitted that the case is not proved by the prosecution. As per prosecution story, PW-5 Lalitia is the star witness. According to the prosecution she was the eye witness, who had seen the incident. According to PW-5 Lalita after seeing the incident she had not informed this fact to anybody residing in the colony, nearby the place of incident and returned back to her village and there she had given information to the mother of the deceased namely Smt. Dhanwanti Bai (PW-7).
3. It is submitted that this eye witness Lalitia Bai has been planted as Signature Not Verified Signed by: VINOD SHARMA Signing time: 9/14/2024 3:42:17 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:45395 2 CRA-32-1996 an eye witness. It is submitted that, if Lalitia Bai had given intimation to Dhanwanti Bai, W/o Mankul then there was no occasion to record FIR (Ex.P/7) only to pointing/ expressing suspicion against Mehtab i.e. the present appellant on the ground of suspicion of illicit relationship of deceased Krishna with the wife of Mehtab i.e. PW-1.
4. It is submitted that there is no eye witness. Guilt of the appellant could not be proved through chain of circumstances, therefore, the case in which eye witness has been planted and the story propounded by the eye witness is not corroborated by other witnesses specially Mankul (PW-4), father of the deceased who has said that when he was moving on a bullock cart then close to the field of Munshi Mahajan he had seen his son Krishna lying on the field. He boarded the bullock cart and saw Krishna. There was a head injury on his head and cloths were soaked with blood. He was dead at that time. FIR (Ex.P/7) was registered by Mankul (PW-4). Wherein incident is shown to have taken place at about 11:00 A.M. on 27.01.1995. Time of the FIR is 14:10 P.M. According to Mankul after leaving the dead body of Krishna he had come to his Khalihan, left his bullock cart, then gone to Police Station Babai to lodge a report. PW-5 Lalitia has said that on the fateful day she was grazing her cattle near the field of Munshi Teli where she saw that accused had hit a lath (wooden stick) on the head of Krishna and when she reached close to Krishna she found him to be dead. She returned back to her village and informed this fact to mother of Krishna that Mehtab had killed Krishna.
5. An intriguing circumstance that both Mankul and Dhanwanti Bai Signature Not Verified Signed by: VINOD SHARMA Signing time: 9/14/2024 3:42:17 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:45395 3 CRA-32-1996 claimed to have seen the dead body. It has come on record that Dhanwanti Bai was informed by Lalitia Bai before she reached the field of Munshi Teli about being identity of the assailant then what prevented Dhanwanti Bai from narrating this fact to her husband Mankul and also to the Police Authorities that she was already having knowledge of the assailant and there was no need to register an FIR merely on the basis of the suspicion is one circumstance, which goes against the prosecution. Another intriguing circumstance is the conduct of Mankul had he seen the dead body then it is unlikely that he will leave the dead body unattended and first go to his Khalihan with his bullock cart and then leave his bullock cart and then visit the Police Station. His natural conduct would have been to raise an alarm and collect the people so to take the body of Krishna to the nearest hospital for treatment.
6. Supreme Court in Laxman Prasad alias Laxman Vs. State of Madhya Pradesh [(2023) 6 SCC 399] has held that, if any one link in the chain of circumstances is missing and not proved, then the conviction based on circumstantial evidence ought to be set-aside. The ratio of this judgment will be squarely applicable to the facts and circumstances of the present case.
7. It is submitted that this witness Lalitia Bai, if it is hypothetically agreed to be eye witness had once given the narration to PW-7 Dhanwanti Bai and according to Dhanwanti Bai she had also reached to the field of Munshi Teli upon receiving information from Lalitia Bai there was no occasion for Mankul (PW-4) to be not informed about this fact that Lalitia Signature Not Verified Signed by: VINOD SHARMA Signing time: 9/14/2024 3:42:17 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:45395 4 CRA-32-1996 Bai had seen appellant assaulting Krishna resulting in his death and therefore, it is evident that PW-5 Lalitia is not an eye witness. Admittedly, neither Mankul nor Dhanmanti Bai are eye witnesses. Merely on the basis of the suspicion the present appellant has been implicated. No other circumstance has been brought on record to show involvement of the present appellant. Learned trial Court has not discussed anything to point out any other incriminating circumstances existed to prove the guilt of the present appellant. Merely a motive that Krishan was allegedly having illicit relationship with wife of Mehtab is not sufficient to prove his guilt, specially when PW-1 Kaushalya Bai wife of Mehtab Singh has denied any such theory of illicit relationship. In view of such facts when neither there is an eye witness nor the chain of circumstance is complete, the conviction of the appellant under Section 302 IPC cannot be upheld. It is hereby set-aside. His bail bonds be discharged. Appeal is allowed.
(VIVEK AGARWAL) (DEVNARAYAN MISHRA)
JUDGE JUDGE
Vin**
Signature Not Verified
Signed by: VINOD SHARMA
Signing time: 9/14/2024
3:42:17 PM