MAHAVIR @ AVNISH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The convict, who was found a juvenile on the date of commission of the crime, is aggrieved by the decision in Miscellaneous Criminal Case No. 24675 of 2018 rendered by a learned Single Judge of the High Court of Madhya Pradesh at Gwalior; that the High Court in exercise of its jurisdiction under sec. 482 of the Code of Criminal Procedure, 1973 cannot interfere with or reopen the judgment of conviction passed against him under sec. 201 Part II of the Indian Penal Code, 1860 which attained finality up to the Supreme Court.

(3.) A crime under Sec. 302, 304B and 201 read with sec. 34 of the Indian Penal Code was registered on 17/9/2004 vide FIR No. 489 of 2004 against Ramji Lal who is the father-in-law, Munni Devi who is the mother-in-law, Pramod who is the husband and Mukesh and Mahavir alias Avnish, who are the brothers-in-law of the victim Bhuri. The allegations against them are that they tortured Bhuri in connection to demand of dowry, committed her murder within 7 years of marriage and caused disappearance of evidence. The incident took place on 13/9/2004, but a First Information Report was lodged on 17/9/2004. The dead bodies of Bhuri and her infant daughter Guddi were found on the railway track near village Sikrauda in the district of Morena (M.P.). It is the case of prosecution that Badri Baghel, who was a Gangman with the Railways, first saw the dead bodies on the railway track. Though a large crowd had gathered there, the accused persons forcibly lifted the dead bodies and performed the cremation rituals. It is alleged that the accused persons did not inform the police or the relatives of Bhuri and caused disappearance of evidence by cremating the dead bodies. After the investigation, a chargesheet was filed in the Court and the accused persons were sent up for trial to face the charge under Sec. 302, 304B and 201 read with sec. 34 of the Indian Penal Code. During the trial, the prosecution produced 13 witnesses to prove the charge against the accused persons of committing murder, dowry death and causing disappearance of evidence. PW2 Ram Lakhan, PW4 Ram Naresh and PW5 Ram Veer, who are the brothers of Bhuri, did not support the prosecution case and stated in the Court that the accused persons never demanded any dowry nor did Bhuri ever complain about demand of dowry or her harassment at the hands of the accused persons. Even PW3 Mahadevi, who is the mother of Bhuri, did not make any allegation against the accused persons. PW6 Santosh, PW7 Ram Ikhtiyar, PW10 Shiv Dayal and PW11 Ram Het also did not support the prosecution and were declared hostile. PW9 Mahesh and PW10 Shiv Dayal, who are the independent witnesses, deposed from the dock that they had no knowledge about any demand of dowry by the accused persons. These witnesses were cross-examined by the prosecution with permission of the Court but nothing material could be elicited from them to establish complicity of the accused persons in the crime. The charge of murder and dowry death was not proved and the accused persons were convicted under sec. 201 Part II of the Indian Penal Code. The trial Judge extensively referred to and believed the testimony of PW1 Badri Baghel, who had first seen the dead bodies, and held that it was proved beyond reasonable doubt that the dead bodies of Bhuri and Guddi were lying on the railway track and the accused persons lifted the dead bodies from the railway track. The trial Judge further held that the accused persons cremated Bhuri and Guddi and, therefore, caused disappearance of the dead bodies.