Madhya Pradesh High Court
Raju Pal vs The State Of Madhya Pradesh on 19 March, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:13781
1 CRA-3485-2019
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 MARCH, 2025
CRIMINAL APPEAL No. 3485 of 2019
RAJU PAL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ayush Upadhyay - Advocate for the appellant.
Shri Akhilendra Singh - Government Advocate for the respondent-State.
JUDGMENT
Per: Justice Devnarayan Mishra Learned counsel for the appellant prays for withdrawal of I.A. No.23236/2024, an application for suspension of sentence and grant of bail.
Accordingly, I.A. No.23236/2024 is dismissed as withdrawn . Heard finally.
This appeal has been filed being aggrieved with the Judgment dated 18.02.2019 in Special Sessions Trial No.3400215/2016 passed by learned Special Judge (Atrocities), Satna, District- Satna (M.P.) by which the appellant has been convicted for the offence punishable under Section 302 of IPC and sentenced to undergo for life imprisonment with the fine of Rs.500/- with default stipulation.
2. In a nutshell, the prosecution case before the trial Court was that on 01.06.2016, a quarrel took place between the deceased-Shivlal Bunkar and Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 26-03-2025 11:19:49 NEUTRAL CITATION NO. 2025:MPHC-JBP:13781 2 CRA-3485-2019 Rajbhan Vishwakarma. The deceased went to complaint the quarrel to Sarpanch of his village and he was returning at 11:00 am, the appellant restrained the deceased and started abusing and assaulted the deceased- Shivlal Bunkar with an axe. Injuries were caused on the head, back neck, face and chest. The deceased tried to save himself. On that, injuries were caused on the fingers of left hand. The deceased was rescued by Dharmendra Singh (PW-3) and Gyanibai (PW-2). The Police was called by dialing 100 and the deceased was brought to Ramnagar Hospital, Satna. From there, the deceased was referred to District Hospital, Satna. The FIR was lodged. On 01.06.2016 at 05:20 pm, the deceased-Shivlal Bunkar died during treatment. Naksa Panchayatnama (Ex.P-8) was prepared. Autopsy over the dead body of the deceased was conducted and spot map was prepared. The appellant was arrested. The weapon was recovered on his disclosure. The bloodstained soil and articles were recovered from the spot and the seized articles were sent for FSL examination. After investigation, the charge-sheet was filed against the appellant before the Judicial Magistrate First Class Amarpatan, District-Satna. After commitment and transfer, the case was sent for trial before the trial Court.
3. The trial Court framed the charges under Sections 302, 341, 294 of IPC and Section 3(2)(v) of SC & ST (POA) Act. The appellant abjured the guilt and prayed for trial.
4. The trial Court examined the prosecution witnesses and the appellant under Section 313 of Cr.P.C. The appellant had stated that he is innocent. He has falsely been implicated in the case and he had not examined Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 26-03-2025 11:19:49 NEUTRAL CITATION NO. 2025:MPHC-JBP:13781 3 CRA-3485-2019 any defence witness. After hearing the parties, the trial Court has passed the judgment.
5. Learned counsel for the appellant has submitted that the prosecution witness Basantlal (PW-1) who lodged the FIR (Ex.P-6) had not supported the prosecution case. The eye-witness Dharmendra Singh (PW-3) had also not supported the prosecution case. The deceased's father Kalika Prasad (PW-5) in his statement had clearly stated that the dispute took place between the deceased-Shivlal Bunkar and one Rajbhan Vishwakarma on the matter of land. The Police had arrested Rajbhan Vishwakarma. He was kept in Police Station for three days and on fourth day, the Police released him. The dispute was between Shivlal Bunkar and Rajbhan Vishwakarma. At 11:00 am, he got information that his son had died. On that basis, it is submitted that except the interested witnesses and the wife of the deceased Gyanibai (PW-
2), no independence witnesses even the family members of the deceased had supported the prosecution case but the trial Court had not considered all the facts and convicted the appellant. The appellant had wrongly been convicted. Hence, the appeal be allowed and the appellant be acquitted from all the charges.
6. Learned counsel for the State has stated that Gyanibai (PW-2) is eye-witness and she had clearly stated that the appellant had assaulted the deceased and committed murder. Her statements are supported by other witnesses. There is no contradiction and omission in her statements. The trial Court had considered all the facts and convicted the appellant. No interference is required. Hence, the appeal be dismissed.
Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 26-03-2025 11:19:49NEUTRAL CITATION NO. 2025:MPHC-JBP:13781 4 CRA-3485-2019
7. Heard learned counsel for the parties and perused the record. Minutely, we have scrutinised the statements of the prosecution witnesses.
8. As per the prosecution case, the incident had taken place on 01.06.2016. Medical Officer Dr. Ateek Khan (PW-11) had stated that on 02.06.2016, he was posted in District Hospital, Satna. On the same day at 10:15 am, Sainik 428 Ramesh Prasad, who was posted at Police Chowki in Satna District Hospital, brought the dead body of deceased-Shivlal Bunkar s/o Kalika Prasad Bunkar aged about 26 years. On examination, he found that an incised wound on the right side of the chest measuring 4 cm x 2 cm caused by sharp and hard object was found. The injury was muscle-deep and bones were visible. Another injury on the left side of the chest from 5th to 7th ribs below the nipple was found. Incised wound in the left side of the face measuring 8 cm x 2 cm x 4 cm was caused by hard and long sharp edged weapon. Surface was smooth. Muscles and bones were visible. These injuries were extended from right mandible to joint of nose. The incised injuries on the scalp behind both the ears measuring 10 cm x 4 cm and 8 cm x 3 cm were found. Surface was smooth and blood was deposited in the brain. Long incised wound measuring 4 cm x 1 cm was found on the back of neck. Surface was smooth and muscles were cut.
9. The fourth finger of left hand of the deceased was completely cut. Incised wounds were also found on the third and fourth fingers of the left hand. On internal examination, it was found that in the back side of the head, scalp bone was fractured. Blood was clotted in the brain. Blood was deposited in the lungs and other internal organs. Blood was deposited in Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 26-03-2025 11:19:49 NEUTRAL CITATION NO. 2025:MPHC-JBP:13781 5 CRA-3485-2019 esophagus. It is opined that the deceased died due to these injuries and excessive bleeding as hypovolemic shock. He had exhibited Postmortem Report (Ex.P-18) and in the cross-examination, he had clearly stated that all the injuries were caused at a time. Thus, it is clear that the victim suffered the injuries in the head, neck and face caused by hard and sharp object. The death of the deceased occurred within 12-24 hours.
10. Dr. Vinay Kumar Ravi (PW-4) had stated that on 01.06.2016, he was posted as a Medical Officer at Community Health Centre, Ramnagar. At 02:30 pm by 108 ambulance injured Shivlal Bunkar s/o Kalika Prasad Bunkar aged about 30 years was brought in serious condition in the hospital. He prepared MLC report. The victim was not fully conscious. On examination, he found incised wounds on the left side of the face measuring 12 cm x 1 cm x muscle-deep and wound was bleeding. The incised wound in the ring finger of the left hand measuring 6 cm x 1 cm x bone deep was found. Four injuries were found in the back side of the scalp in which two injuries measuring 6 cm x 2 cm x muscle-deep and 8 cm x 2 cm x muscle- deep. Both the injuries crossed each other. Incised wound was found in the chest measuring 4 x 1 cm x muscle-deep. The injured had vomited the blood. After primary treatment, he referred the deceased to District Hospital, Satna and prepared MLC report (Ex.P-7).
11. A.S.I. Sharda Shivani (PW-9) had stated that on 01.06.2016, he was posted at reporting Police Chowki, District Hospital Satna and stated that he got information that the deceased-Shivlal Bunkar s/o Kalika Prasad resident of village Karondi, P.S. Ramnagar Satna was admitted from CHC Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 26-03-2025 11:19:49 NEUTRAL CITATION NO. 2025:MPHC-JBP:13781 6 CRA-3485-2019 Ramnagar to District Hospital Satna on 01.06.2016 at 04:50 pm and he died on 01.06.2016. The information was brought by ward boy Shiromani Singh. On that basis, he registered the Merg Intimation (Ex.P-13) and prepared inquest report and sent the dead body for the postmortem. Thus, it is clear that on 01.06.2016, the deceased in the injured condition was firstly brought to CHC Ramnagar, District-Satna. On the referral, he was admitted in District Hospital Satna on 01.06.2016 where he died during treatment.
12. On the point of incident and role of the appellant, the witness Basantlal Kol (PW-1) had supported the prosecution case in the chief- examination but in para no.12 of his cross-examination, he had clearly stated that when the quarrel took place, he was not present on the spot. In the same way, his father Kalika Prasad (PW-5) had supported the fact that the deceased suffered the injuries and died when the deceased was returning from the house of the Sarpanch and going to his house. Kalika Prasad (PW-
5) got the information about the incident on telephone. Thus, he had admitted that he was not present on the spot.
13. The eye-witness Dharmendra Singh (PW-3) had not supported the prosecution case and clearly stated that he did not see the incident as he went to village Itma but this witness had stated that the deceased alongwith his wife who was carrying a child on her lap was returning to village Karondi from village Itma. The deceased-Shivlal Bunkar had asked whether he will return to village and on that the deceased stated to him that he will return after some time. After that, the deceased alongwith his wife returned to his home on bicycle. When Dharmendra Singh (PW-3) returned his village, he Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 26-03-2025 11:19:49 NEUTRAL CITATION NO. 2025:MPHC-JBP:13781 7 CRA-3485-2019 got information about the incident. In para no.6 of his cross-examination, this witness had also stated that Gyanibai (PW-2) was married to one Govind. After that, she was living with deceased-Shivlal Bunkar and clarified that he came to know the incident when his wife told him about the incident. Thus, this witness had only supported the fact that he saw that the deceased was returning alongwith his wife Gyanibai from the village Itma and Gyanibai was having a child on her lap and they were returning on bicycle. This fact had not been challenged by the defence.
14. Gaynibai (PW-2) had stated that on 01.06.2016 at 10:30 am, Rajbhan Vishwakarma had destroyed her fence of the house and was arranging brick on that place. When she objected, he started abusing her. On that, she alongwith her husband went to complaint to the Sarpanch Lalu Dada on bicycle. The Sarpanch of the village was not in his home so they were returning from the house of the Sarpanch to their village. There is Nala in between the villages and she alighted from the bicycle because of climbing part of the road. She was coming behind her husband and they reached near the house of the appellant Raju Pal, the appellant came with an axe and started assaulting her husband. The appellant assaulted the deceased in head, neck, face and hand. The victim suffered the injuries on the chest also. She snatched the axe on that the appellant pushed her and she was having a child on her lap, she fell down and her husband was seriously injured and blood was coming from the wounds. She cried for help but no one came to rescue them. Her brother-in-law Basantlal (PW-1) reached there and saved them. When the appellant saw Basantlal, he ran away from the Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 26-03-2025 11:19:49 NEUTRAL CITATION NO. 2025:MPHC-JBP:13781 8 CRA-3485-2019 spot. She alongwith Basantlal carried her husband Shivlal to their home and they dialed 100 and Police was called. On that, 108 ambulance reached there and brought her husband to Ramnagar Hospital. From there, her husband was referred to District Hospital, Satna. Her mother-in-law, father-in-law and father reached there and her husband died on the same day. There was no immediate dispute with the appellant. The appellant had lodged an FIR for theft against her husband. On that, her husband told the appellant that he had not committed theft and if he found any stolen property in his home, he might take back. On that reason, the appellant had committed murder of her husband. In the cross-examination, no contradiction had been found on this point.
15. Thus, the statement of this witness that she was alongwith the deceased is supported by Dharmendra (PW-3), Kalika Prasad (PW-5). From the examination of these witnesses, no material contradiction has been found on the presence of this witness from the spot.
16. Investigating Officer Md. Azad Khan (PW-12) had stated that on 02.06.2016 after taking the appellant into custody, he interrogated him. On information, he recovered the axe and prepared seizure memo (Ex.P-4) which was sent for FSL examination. Article C is the axe used in the offence in which the blood has been found. Though due to disintegration, the blood group could not be determined but the appellant had not submitted any explanation how the blood came into his axe.
17. The statements of Gyanibai (PW-2) are supported by Basantlal (PW-1), Dharmendra Singh (PW-3) and Kalika Prasad (PW-5). The presence Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 26-03-2025 11:19:49 NEUTRAL CITATION NO. 2025:MPHC-JBP:13781 9 CRA-3485-2019 of this witness on the spot is proved beyond reasonable doubt and in her statement, she had clearly stated that the appellant had caused the injuries.
18. As a result, the deceased died. It is worth mentioned that the weapon used by the appellant was axe and the injuries were caused in head, face, chest which are vital parts of the body. The injury on the hand was found as the deceased tried to save himself from the assault. Thus, by the sharp edged deadly weapon, the injuries were was caused to the deceased. In these circumstances, the intention of the appellant is clear that he wanted to cause the death of the deceased.
19. On the point that, the Police had firstly arrested Rajbhan Vishwakarma then the appellant was arrested. Gyanibai (PW-2) had clearly stated that the basic dispute/quarrel on that day had taken place between the deceased and Rajbhan Vishwakarma. They went to complaint against Rajbhan Vishwakarma to the Sarpanch of the village but the Sarpanch was not in his village. Hence, they were returning. On that, the appellant had assaulted the victim. The reason behind the dispute has been told by this witness that the appellant had lodged the FIR against her husband and due to that reason, the appellant had assaulted the victim. Thus, it is clarified that Rajbhan Vishwakarma was not involved in the case.
20. Thus, from the above facts and circumstances, it is clear that the appellant had assaulted the victim with the intention to commit the death. The offence of murder is proved beyond reasonable doubt and the trial Court had considered all these aspect. Hence, no interference is required in the well-reasoned conviction of the appellant. The conviction of the appellant Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 26-03-2025 11:19:49 NEUTRAL CITATION NO. 2025:MPHC-JBP:13781 10 CRA-3485-2019 under Section 302 of the IPC and the sentence imposed for that offence is affirmed.
21. The appeal being devoid of merits is dismissed.
22. The order of trial Court regarding the disposal of the case property is affirmed.
23. With the copy of the judgement, record of the trial Court be sent back.
24. All pending I.As (if any) stand disposed of.
(VIVEK AGARWAL) (DEVNARAYAN MISHRA)
JUDGE JUDGE
HK
Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 26-03-2025
11:19:49