Madhya Pradesh High Court
Kailash Narayan Tripathi vs The State Of Madhya Pradesh on 4 November, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
NEUTRAL CITATION NO. 2024:MPHC-JBP:54527
1 CRA-2977-2013
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
&
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 4 th OF NOVEMBER, 2024
CRIMINAL APPEAL No. 2977 of 2013
KAILASH NARAYAN TRIPATHI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vijay Kumar Lakhera - Advocate for the appellant.
Shri Nitin Gupta - Government Advocate for the respondent-State
JUDGMENT
Per: Justice Devnarayan Mishra This criminal appeal is filed being aggrieved of the judgment and order passed by learned Additional Sessions Judge, Beohari District-Shahdol (M.P.) in S.T. No.175/2010 dated 30.10.2013 by which the appellant has been convicted for the offence punishable under Section 302 of Indian Penal Code and sentenced to undergo Life Imprisonment with fine of Rs.2,000/-, in default stipulation further R.I. for two years.
2. In nutshell, the prosecution case before the trial court was that Shatrughan Prasad Tripathi (PW-10) intimated on 08.09.2010 at 01:00 pm to Police Station Devlond that after returning from the fields at 10:30 am, he was doing worship. After that, his son appellant Kailashnarayan Tripathi also returned from the fields and taking his younger son, he went in his room and Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 11-11-2024 19:01:22 NEUTRAL CITATION NO. 2024:MPHC-JBP:54527 2 CRA-2977-2013 just after that, appellant called loudly. On that, Shatrughan alongwith his wife went and they saw that the deceased Lalita Tiwari was lying in the Charpai. Shatrughan lifting his daughter-in-law/deceased Lalita brought in the Parchi and he found that Lalita was dead. On information, merg no.24/2010 under Section 174 of Cr.P.C. was registered. Inquest report was preapred. Autopsy over the dead body of the deceased was conducted by the team of doctors at Primary Health Centre, Devlond. On postmortem (Ex.P-1), it was found that deceased was strangulated and as a result, deceased died due to asphyxia. Crime no.158/2010 under Sections 498-A, 302 and 304-B of IPC was registered on 24.09.2010. Appellant was arrested on 25.09.2010. After investigation, the charge sheet was submitted in the Court of the Judicial Magistrate, First Class, Beohari. On committal, the case was submitted before the trial court.
3. Trial court framed the charges under Sections 498-A, 302 and 304- B of IPC. Appellant abjured the guilt and prayed for trial. The statements of the prosecution witnesses were recorded. The accused/appellant was examined under Section 313 of Cr.P.C. He has taken the defence. He has falsely been implicated. Appellant has examined Rajdar Patel (DW-1).
4. Trial court, after hearing both the parties, passed the impugned judgment, hence this appeal.
5. Learned counsel for the appellant submits that after death of her daughter, the witness Devendra Kumar (PW-3) with his relatives has made recorded wrong statements and stated that deceased was married with appellant in 2004 whereas the marriage between the appellant and the Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 11-11-2024 19:01:22 NEUTRAL CITATION NO. 2024:MPHC-JBP:54527 3 CRA-2977-2013 deceased was performed in 1997 and Gauna ceremony was held in 2001 and false case of demand of dowry was made up.
6. Learned counsel for the appellant further submits that a piece of saree was recovered near the dead body of the deceased. The trial court had not considered this fact that the injury by the victim herself could have been caused by that piece of cloth and case may be treated as a suicide or any other person has committed the offence. When the appellant, after returning from the field, went to his father's house and from taking his younger son, he returned to the spot, found that the deceased was lying in the cot and just after that, he called his parents and information was immediately sent to Police. Thus, there are no circumstances by which it cannot be inferred that the appellant has committed the murder of the deceased. On the assumption and surmises, the trial court had convicted the appellant. Hence, this appeal be allowed and the appellant be acquitted from the charges under Section 302 of IPC.
7. Shri Nitin Gupta, learned Government Advocate for the State submits that the deceased was found dead in the house of the appellant and the deceased died due to strangulation. The appellant's father Shatrughan Prasad Tripathi (PW-10) had clearly stated that the appellant was present in the house where the deceased was found dead. They had not reported that any third person had murdered the appellant's wife and the dead body was not found in hanging condition. On that basis, it cannot be inferred that deceased committed suicide. Dr. Sunil Sthapak (PW-1), who conducted the post mortem on the dead body of the deceased, has clearly stated that the Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 11-11-2024 19:01:22 NEUTRAL CITATION NO. 2024:MPHC-JBP:54527 4 CRA-2977-2013 deceased was strangulated. No explanation has been offered by the appellant how his wife died. In that situation, the inference may be drawn against the appellant. The relations of the appellant with her wife were not good due to demand of dowry and this was the reason to cause the death of the deceased. Hence, no interference is called for in the well-reasoned order of the trial court.
8. We have heard the parties and perused the record.
9. In this case, it is admitted that the deceased was appellant's wife and the appellant himself has admitted this fact in his statement that the deceased was married with him in year 1997 and Gauna ceremony was performed. After that, by cross-examination of father (PW-10), it has been brought that in year 1999, Gauna was performed and in year 2001, deceased name was entered in Ration Card (Ex.D-1) as the family member. Deceased Voter Identity Card (Ex.D-2) was prepared in year 2003 and as per Ex.D-3, the son of the deceased Ajay Kumar was born on 17.04.2004. His birth certificate is Ex.D-4.
10. From these documents and records, it is clear that the deceased was the wife of the appellant and from their wedlock, two sons were born to the deceased. Taking all the facts, marriage was performed more than 7 years prior to death of the deceased. Thus, the trial court acquitted the appellant for the offence punishable under Sections 498-A and 304-B of IPC.
11. Dr. Sunil Sthapak on 09.09.2010 at 08:40 am conducted the autopsy over the dead body of the deceased and found that a ligature mark was present in the throat that was passing through thyroid cartilage to Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 11-11-2024 19:01:22 NEUTRAL CITATION NO. 2024:MPHC-JBP:54527 5 CRA-2977-2013 mastoid process. Its colour was red and length was 6.5". Another ligature mark was found in the middle of the neck above 1 cm of thyroid cartilage that was on the back portion of the neck, length was 6". The breadth of ligature mark was 0.8 to 1.1 cm. Tung was bitten among the teeth. Diameter of the neck was 12". Thyroid cartilage was fractured and trachea was compressed. The doctor has opined that the deceased died due to asphyxia that was caused by strangulation. Death was homicidal in nature and occurred 20 to 23 hours before the time of post mortem. In the lengthy cross- examination, no substantial fact was brought on the record so that the opinion of doctor may be doubted.
12. Shatrughan Prasad Tripathi (PW-10) has clearly stated that on 08.09.2010 at 10:15 am after returning from his fields, he was doing worship and his daughter-in-law was working in her home. After worship, he was playing with Ankush son of deceased and appellant. On that, Kailash also returned from the field and was playing with his son. After sitting sometime, appellant-Kailash returned to his home and cried for help. On that, this witness and his wife Premwati went on the spot and found that Kailash was standing before his gate. Ankush was also present there. He found that the deceased Lalita was lying in the cot in osari. There was some dark so this witness and his wife lifting the deceased Lalita brought her in osari, he found that deceased had died. There was a dark mark on the throat of the deceased. Jagdish Prasad Mishra (PW-2) had supported the fact that this intimation was given by Shatrughan Prasad. On that basis, he registered merg intimation (Ex.P-2).
Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 11-11-2024 19:01:22NEUTRAL CITATION NO. 2024:MPHC-JBP:54527 6 CRA-2977-2013
13. It is clear that the deceased before the incident was working in her home and there was no any disease or illness to the deceased. It is also clear that the appellant at the time of incident was present in his home. Firstly, the dead body was handled by parents of the appellant and deceased died due to strangulation. The other witnesses Devendra Kumar (PW-3), Rajkumar Dwivedi (PW-4), Premwati (PW-5) and Krishna Kumar Mishra (PW-9) had clearly stated that they went on the spot and they saw the dead body of the deceased and injury mark was found on the throat of the deceased.
14. In the statement of Devendra Kumar (PW-3), it was found that the appellant was treating the deceased with cruelty and one time, he has beaten the deceased and his hand was fractured by that. In the lengthy cross- examination, this fact has been unrebutted. No contradiction or omission is found from the previous statements (Ex.P-3 and P-4). The eye-witness had clearly stated that when she went on Harchhat Pooja in her parental home, she complained that deceased was demanding dowry as her parents had given more gifts and dowry to their younger daughter. Deceased's mother Premwati (PW-5) had also stated that the appellant was ill-treating to his wife. Appellant had not submitted any explanation in what circumstances the deceased died.
15. It is not the defence of the appellant that the deceased had committed suicide as no hanging spot was found. It is not also the case of the prosecution that the deceased by tightening the piece of saree partially hanged herself and died. Furthermore, Dr. Sunil Sthapak (PW-1), who conducted the autopsy, had clearly stated that the deceased died due to Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 11-11-2024 19:01:22 NEUTRAL CITATION NO. 2024:MPHC-JBP:54527 7 CRA-2977-2013 strangulation and he had clearly differentiated the ligature mark that is caused by strangulation and by hanging. The trial court had considered all the circumstances brought against the appellant.
16. Looking to the above factual position and discussed above, no interference in the judgment of the trial court is called for. Appellant is in custody. Thus, the conviction and sentenced passed by the trial court is affirmed. The appeal being devoid of merit is hereby dismissed.
17. The copy of this order be sent to the concerned Superintendent of Jail for information and compliance.
18. With the copy of the judgment, the record of the trial Court be returned back.
19. Record of this appeal be consigned to record room.
20. The case property is disposed of as per the order of trial Court.
(VIVEK AGARWAL) (DEVNARAYAN MISHRA)
JUDGE JUDGE
HK
Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 11-11-2024
19:01:22