Madhya Pradesh High Court
Radhelal Kroku vs The State Of Madhya Pradesh on 19 November, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
NEUTRAL CITATION NO. 2024:MPHC-JBP:57156
1 CRA-1310-2012
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
&
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 19th OF NOVEMBER, 2024
CRIMINAL APPEAL No. 1310 of 2012
RADHELAL KROKU
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Smt. Durgesh Gupta - Advocate for the appellant.
Shri Arvind Singh - Advocate for respondent/State .
JUDGEMENT
Per: Justice Vivek Agarwal This appeal is filed by the appellant Radhelal Korku s/o- Babulal Korku being aggrieved by the judgment dated 26-04-2012 passed by learned IInd Additional Sessions Judge, Betul in Sessions Case No. 161/2011 whereby the learned Sessions Judge has convicted the appellant under Section 302 of IPC and sentenced him to undergo RI for life with fine of Rs.
2000/- with default stipulation of six months RI.
2. Ms. Durgesh Gupta- learned counsel for the appellant submits that on 27-04-2011, there was a Programme of "Rasoi" on account of death of appellant's father Babulal. As per the prosecution case, present appellant came armed with sword and caused 2-3 assaults with a sword on Bisen, as a result of which, Bisen died on the spot. It is submitted that firstly prosecution Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 11/22/2024 5:44:40 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:57156 2 CRA-1310-2012 had examined only one witness namely Sukkulal (PW-3), who is a related witness and no other independent witness like Fagulal or Suresh were examined though their presence was shown at the spot.
3. It is submitted that in the alternate, she would like to submit that since it was only one assault on the neck, which caused death therefore, conviction of the appellant be converted from Section 302 of IPC to one under Section 304 Part-1 IPC and since he had suffered incarceration for over 13 years, his sentence be declared to be undergone.
4. Shri Arvind Singh, learned counsel for the State in its turn submits that Sukkulal (PW-3) is the eye-witness to the incident. He is not only related to deceased Bisen but, also related to appellant -Radhelal.
5. It is submitted that allegations on present appellant is that he had doubt over the deceased Bisen that he was involved in black magic, as a result of which, Radhelal lost his father Babulal for whom 'Rasoi' was organised on 27-04-2011. It is submitted that injuries found on the body of the Bisen, has been corroborated by Dr. K. Aathnere (PW-10) shows that it is not a case of single injury and secondly, the ingredients of exception of Section 300 of IPC are also not made out to show any indulgence to convert conviction from Section 302 of IPC to Section 304 Part-I of IPC.
6. After hearing learned counsel for the parties and going through the record, Sukkulal (PW-3) is the eye-witness to the incident. His presence has been corroborated by defence witnesses Santosh (DW-1) and Jhamsa (DW-
2). Thus, it is evident that Sukkulal is neither a planted witness nor a hearsay witness. When his testimony is examined then, Sukkulal (PW-3) clearly Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 11/22/2024 5:44:40 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:57156 3 CRA-1310-2012 stated that Radhelal is his brother-in-law. On the occasion of 'Rasoi' of his father-in-law Babulal, three persons namely Sukkulal, Bisen and Fagulal and one more person were sitting in the shadow. At about 3:00 PM, Radhelal came armed with a sword, which he had hidden behind his back and all of a sudden, took out his sword and given a blow on the back side of the neck of Bisen. Thereafter, Radhelal had given another blow on the right hand side of neck of Bisen, as a result of which, Bisen died immediately. Due to assault with the sword, neck of Bisen had cut though, it was not separated from the body and Bisen died instantaneously. This Sukkulal had separated Radhelal and then gave information to the family members, then Radhelal ran away. Wife of Bisen Dasribai (PW-2) had given intimation to the Police Chowki and then Police came. This witness Sukkulal (PW-3) had recorded the Dehati Nalishi (Ex.-P/5) which contains his signature from 'A-A', Merg intimation is (Ex.P/6). It is also stated that 'lash panchayatnama'(Ex.P/2) was prepared and 'Naksa Panchayatnama'-(Ex.P/3) was also prepared. Spot map (Ex.P/7) also contains a signature. In cross-examination, nothing substantial could be extracted to contradict his presence at the place of incident or to impute that this witness had some vested interest in giving evidence against Radhelal, his own brother-in-law.
7. Dasri Bai (PW-2) stated that Radhelal used to allege that because of black magic preformed by Bisen, he lost his father Babulal.
8. Dr. K. Aathenere (PW-10) stated that he conducted post mortem on the body of Bisen s/o- Fagulal and found a incised wound on the right cheek on maxillary part measuring 9cms x 3cms, as a result of which, bone had cut Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 11/22/2024 5:44:40 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:57156 4 CRA-1310-2012 and blood was clotted beneath. Second injury was incised wound on the left hand side of the neck measuring 6cms x 1cms cutting carotid artery and the muscles, in which blood was clotted. Third injury was an abrasion on the right cheek of 1cm x 1cm and there was another abrasion on left shoulder measuring 14cms x 1/2cms, all the injuries were ante mortem . Injury Nos. 1 and 2 were caused by hard and sharp object and injury Nos. 3 and 4 were caused by hard and blunt object. They were caused within 24 hours of post- mortem.
9. In paragraph-4 this witness had stated that on 31-05-2011, SHO Shahpura sent an iron sword through ASI, Bhaura along with a query (Ex.P/16) as to whether the injuries which were found on the body of Bisen could have been caused by that article or not? He had given his query report (Ex.P/16A), in which, it is mentioned that he examined the sword, which contained Marron red spots. He had given an opinion that the said sword would have caused injuries as were found on the body of the deceased. In cross-examination, this witness denied the suggestion that the injury Nos. 1 and 2 could be caused either with a 'hasia' or with a 'knife'. Thus, the injuries caused to Bisen with a sword recovered from the possession of the appellant
-Radhelal have been corroborated by Dr. K. Aathnere (PW-10). Further, there is report from the Regional Forensic Science Laboratory, Bhopal dated 30-09-2011 (Ex.P/18), which reveals blood stains on the sword and the shirt of the appellant-Radheylal but, the stains were disintegrated therefore, the blood group could not be ascertained. When these aspects are taken into consideration, then Sukkulal (PW-3) is the eye-witness. His evidence Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 11/22/2024 5:44:40 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:57156 5 CRA-1310-2012 remained unrebutted. There is recovery of sword at the instance of present appellant vide (Ex.P/11). The injuries found on the body of the deceased Bisen have been corroborated to have been caused by Article seized vide (Ex.P/11) by Dr. K. Aathnere (PW-10) and therefore, in the Dehati Nalisi (Ex.P/5), since the appellant is the named accused, and the Dehati Nalisi had promptly been recorded within 2 hours of the incident taking place, there is no iota of doubt that the appellant caused murder of the deceased Bisen on account of suspicion that Bisen was responsible for performing black magic, which resulted in death of his father Babulal.
10. Thus, conviction of the appellant-Radhelal under Section 302 of IPC cannot be faulted with. He used a sword with knowledge and intent to cause homicidal death of deceased Bisen. We have carefully examined that appellant's case will not fall under any of the exceptions of Section 300 of IPC, so to give him benefit and convert conviction from Section 302 of IPC to one under Section 304 Part-I of IPC. Therefore, there being no material to facilitate conversion of conviction from 302 of IPC to 304 Part-I of IPC, we are of the opinion that this appeal sans merit and deserves to be dismissed and is hereby dismissed. Information be sent to the concerned jail authority.
11. The case property be disposed of in terms of the order of the Trial Court.
12. With the copy of the judgment, the record of the trial court be sent back.
(VIVEK AGARWAL) (DEVNARAYAN MISHRA) Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 11/22/2024 5:44:40 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:57156 6 CRA-1310-2012 JUDGE JUDGE PG Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 11/22/2024 5:44:40 PM