SAMLU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has been convicted under Section 302 I.P.C. and sentenced to imprisonment for life vide judgment dated 16-9-89. The appellant has approached this Court in appeal.

(2.) It was in S. T. No. 75/88 arising out of Cr. Case no. 771/88 of Police Station Maharajpur district Mandla that the learned Sessions Judge Mandla, vide judgment dated 16-9-89, found the accused guilty and sentenced him to life imprisonment.

(3.) The incident occurred on the night between 27th and 28th March, 1988 in village Newargaon within the jurisdiction of Police Station Maharajpur, district Mandla. Deceased Khimia Bai had become pregnant from the appellant accused Samlu. This was noticed in a village assembly (Panchayat) held on 11th March, 1988. The appellant had admitted this fact before the Panchayat. Khimia Bai was a blind woman, aged about 35 years, while the appellant was aged about 30 years. Pregnancy was about 28 weeks. The appellant then agreed to keep Khimia Bai in his house, henceforth. Thus Khimia Bai shifted to one Jhopadi, which was a part of the house of Samlu appellant. He had agreed to keep her as his second wife. Janki Bai, was also tried, but she was acquitted. It was vide written documentEx. P-14-A dated 11th March, 1988 that the appellant had agreed to keep Janki Bai in his house as his wife and also to provide. maintenance to her. Bhangilal, brother of Khimia Bai, was also present in the Panchayat. Samlu had signed this panchayatnama, and so also Bhangilal, and a large number of villagers were present. One Kusua alias Beha P.W. 5 is the neighbour of Samlu. On the night between 27th and 28th March, 1988, it was Navratri day and the festival of Navratri was to be celebrated in the village. The villagers collected at Khair Mai temple of the village and Kanya Bhoj was organised and from the villagers had to take 'Jaware' to the river for offering the same in the river. This ceremony is called 'Jaware Visarjan'. Jawara is a fresh plant of Barley which are sown in the beginning of Navratri days. That night, this ceremony was to be performed by the villagers. At about 10 or 11 PM of that night, Kusua P.W. 5 was in his Bari. He noticed that appellant Samlu was assaulting Khimia Bai with a lathi in his own courtyard. Kusua called him and asked him not to do so, but the appellant continued to assault his wife. This witness Kusua did not intervene but proceeded towards the Khair Mai temple and there he narrated this fact to witnesses Dasru P.W. 4 and Tirru P.W. 8. Jhopdi of Khimia Bai was on the back of Samlu's house and this Jhopdi was adjacent to the Bari of Kusua. Between the Jhopdi of Khimibai and Jhopdi of Samlu, there was an open courtyard. It was in this open area that Samlu was assaulting Khimia Bai with lathi, Kusua had shouted to Samlu from his own Bari warning him not to beat Khimia Bai, but Samlu threatened even Kusua. Kanya Bhoj was going on at Khair Mai Mandir when Kusua reached there and there Kusua informed Dasru and Tirru about this event. Later in the night, when the villagers started towards the river and they passed near school, they noticed dead body of Khimia Bai lying there with a large number of injuries on her body. It was about 75 ft. from the house of the accused Samlu. Patel was asked to report to Kotwar of the village at night time and the Kotwar went to the Police station at about 3.30 AM in the night and lodged a report. In fact, the son of the Patel had gone to the Kotwar with some boys and the Kotwar then went to the Police Station. In the morning, the Police reached that site. The police found dragging marks from the house of Samlu to the site where the dead body was lying with blood-fallen on ground. Broken bangles and blood were seen lying in the courtyard of the house of the accused. Investigating Officer lifted samples of all these and also took in possession the bangles from the dead body. Postmortem examination of the dead body was conducted on 28th evening by Dr. Amit Shrivastava, P.W. 13, and he found the following injuries on the body :-(1) Dust was present all over the body and in hairs. Multiple abrasions and contusions present all over back. Contusions were diffused and intermingled with each other, abrasions were different in size. It was not possible to count the exact number of the contusions and abrasions. Eyes were closed, both corenea were opaque. Mouth was closed, Spot of small P.M. scar was on face. Multiple abrasions and contusions seen over lower half of chest and upper part of abdomen, both side of chest and abdomen. Abrasions and contusions were different in size.(2) There was a fracture of humerus left, lower end, fracture of radius and ulna, left forearm, middle one third, fracture of right forearm, bone, radius and ulna uppear 1/2.(3) On disSection of the body, the doctor found accymosis under the contusions all over the back, lower part of the chest and upper part of the abdomen. Rigor mortis present in both upper limbs and lower limbs. Post mortem lividity developed on left anterior lateral aspect of body.(4) (1) Incised wound on lateral/aspect of right elbow size 1" x 1/2" muscle deep margins regular clean cut.(2) Incised wound over posterio/medical aspect of right forearm 1" x 1/2" in size margins clean cut regular.(3) Incised wound over posterio lateral aspect of left elbow 1" x 1/2" in size margins clear cut regular.(4) Incised wound over left forearm redial aspect 1" x 1/2" in size regular clear cut margin. (5) Incised wound over right knee anterior aspect 1" x 1/2" in size margin regular clear cut. (6) Incised wound right leg anterior aspect middle 1/2, 1" x 1/2" in size, margin regular clean cut.(7) Incised wound over left leg upper 1/2 anterior aspect 1" x 1/2" margin regular clean cut.(8) Incised wound over left foot dorsal aspect semilunar in shape 2" x 1/2" in size margin clean cut regular.(5) On further internal examination, the doctor had found :-Early decomposition of body. There were fractures of 8th, 9th and 10th ribs on the right side and fractures of 8th and 9th ribs on the left side. Abdominal cavity was full of blood. Stomach was healthy, containing undigested material, Liver was found to be ruptured and lacerated over anterio inferior surface of right lobe, Spleen ruptured in its whole length 28 weeks 'old pregnancy was noticed in the womb. It was a foetus of a male child. There was no injury over the uterus or over the foetus.(6) The doctor opined that the cause of death was shock due to severe internal haemorrhage on account of rupture of liver and spleen and severe injury to chest. The death was found to be within 24 hours prior to post mortem examination. The doctor opined that the contusions on the body were caused by a hard and blunt object, while the incised wounds were caused by some hard and sharp edged object and abrasions were caused by dragging the body. All the injuries were ante-mortem, including the abrasions. He opined that the abrasions might have been caused by dragging while she was still alive and incised wounds might have been caused by a sharp edged object like an axe.