BRIJRANI V. STATE OF M.P  INSC 333 (31 July 2003)
of +45 of 1472 of +257 of
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Petition (civil) .0 Title of " Madhya of E ntrance of 2002 r ules
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(6 ) If of qualify of vacant of
category of No of + of Appeal (crl.) 14 of 1996
Doraiswamy Raju & H.K. Sema. Sema, J.
Five accused Chuttia, Gulab, Vrindavan, Brijrani
and Jagat Singh were tried in Sessions Trial No. 72/85 by the IIIrd
Additional Sessions Judge, Damoh and convicted and sentenced to undergo RI for
life for offences punishable under Sections 302/149 IPC. Further accused Nos.
1-4 were convicted under Section 148 IPC and sentenced to undergo RI for one
year. Accused No. 5 was convicted under Section 147 IPC and sentenced to
undergo RI for one year. Accused Nos. 1-4 were also convicted under Section 324
IPC and sentenced to undergo RI for one year. Accused Nos. 2, 3 and 5 were also
convicted under Sections 324/149 IPC and sentenced to undergo RI for one year.
All the sentences were ordered to run concurrently. On appeal, the High Court,
by the impugned judgment, acquitted accused Nos. 1, 2 and 5 of all the charges levelled
against them and convicted accused No. 3 - Vrindavan and accused No. 4 Brijrani
for offences punishable under Sections 302/148 and 324 IPC and sentenced them
to undergo RI for life and RI for one year respectively. The sentences were
ordered to run concurrently. Accused Vrindavan chooses not to prefer an
appeal against his conviction. Accused Brijrani, who is the appellant before
us, is the mother of accused Vrindavan.
Briefly stated, the facts are as follows:
On 17.5.1985 when the deceased Rajaram was
proceeding towards the village (Hintoli-Bari) with a bucket to fetch milk, he
stopped on the way and had some talk with accused Chuttia. Then all of a
sudden, he was assaulted with Pabbal (Sabbal) from behind by accused Vrindavan,
son of accused Chuttia; and accused Brijrani, wife of Chuttia and mother of Vrindavan.
Deceased Rajaram tried to run away but the
accused chased him. Accused Vrindavan and accused Brijrani dealt farsa blows
while other accused dealt blows on him with their lathis. On being alarmed by
the cries of Rajaram, PW-4 Siyarani, who is the wife of deceased Rajaram,
rushed to the spot to rescue her husband but she also sustained a farsa blow on
her head dealt by the accused Vrindavan and sustained another farsa blow on her
hand dealt by accused Brijrani as a result of which she fell down. FIR (Ex. P1)
was lodged promptly at 9 AM on the same day in which all the particulars have been mentioned.
PW-17 V.K. Jain (I.O.) immediately reached the spot and started investigating
the case. After holding the inquest report (Ex. P21), he seized the bucket and
pair of shoes belonged to the deceased (Ex. P11). He also seized samples of
plain and blood stained earth and two pieces of bone (Ex. P12). A blood stained
farsa was seized from Brijrani vide Ex. P16 on 17.5.1985. On 18.5.1985, a tabbal
was seized from accused Vrindavan. We are not mentioning the full particulars
of the seized articles from the possession of other accused as they are not
before us, as noticed above.
PW-12, Dr. V.P. Brijpuriya conducted postmortem
examination on the body of the deceased Raja Ram on 17.5.1985 and found
following eleven incised wounds of various dimensions.
"1. Cut wound 13" x 3" x
2" on the left side of the back starting from the tenth rib and going
downwards. Sides of the wound were clear and cut was vertical the upper. The
upper angle was acute and the lower angle was wider.
2. Cut wound in square shape 11" x
7" x 5" on the back (towards the chest) on the left side. The upper
part of the wound was extended upto skeptula and the lower part upto the 10th
rib. It was 2" away from the middle line and was pointing towards the inner
side. On the outer side, it was upto the shoulder. The sides of the wound was
sharp and vertical.
Skeptula bone was cut into two parts. Lungs was
protruding and visible under the wound. Lungs had two cuts one 4" x 1½
and another was of 3" x 1". Chest was full of blood.
3. Cut wound: - 7" x 2" x 6" was
on the right thigh in the middle portion. This was circular. In this wound
all the muscles of the thigh were cut and femur bone was cut into two pieces.
4. Cut wound 3" x ¼" x ¾",
vertical wound on the left side of chest.
5. Cut wound 2" x ½" x ¾"
horizontal wound on the right side of the chest.
6. Horizontal wound on the upper part of the
left shoulder 7" x 3" x 3". Muscles were cut due to this injury
and cumeron bone were cut into two pieces. 3" skin was uncut in the front
and towards the inner side of the wound.
7. Cut wound 2" x 1½" x 1" on
the front portion of the chest on the right side, vertical, on the 4th and 5th
8. Cut wound 3" x ½" x ¼" on the
9. Cut wound 3" x 1" x 1" on
the right side of the head on the frontal region on the back of the hair line
curved. Frontal bone was fractured.
10. Cut wound 1½" x ¾" x 1"
Temporal bone was fractured on the frontal region on the right side of the
11. One cut wound 1½" x ¾" x 2"
vertical on the cervical area of the chest on the left side. In this wound
cervical bone was cut into two pieces." PW-12 found that the deceased Rajaram
was virtually cut into two and died on the spot as a result of excessive hemorrhage.
The High Court, on re-appreciation of evidence, convicted Brijrani and her son Vrindavan,
as noticed above.
It is not disputed that the deceased and the
accused are closely related.
PW-4 Siyarani is the wife of deceased Rajaram.
Accused Vrindavan is the nephew of PW-4 Siyarani. Accused Brijrani is the
elder sister-in-law (Jethani) of PW-4. Accused Gulab is the nephew of PW-4.
Accused Chuttia is the brother-in-law of PW-4 and father of the accused Vrindavan.
Accused Brijrani is the mother of accused Vrindavan.
The High Court, while convicting the appellant,
relied upon the testimony of PW-1 Ghasiram and PW-4 Siyarani wife of the
PW-1 Ghasiram is an independent witness. He
specifically stated in earlier part of the statement that the incident was
witnessed by him and both accused Nos. 3 and 4 were armed with Pabbal and Farsa.
This witness, however, stated that he could not see later part of the assault
near the house of Dhanua as his view was obstructed by a house in between but he
over- heard Rajaram shouting for help. He has also stated that being alarmed by
the cry of her husband, Siyarani had rushed to his rescue. PW-4 Siyarani has
also stated that being alarmed by the cries of her husband, she went to the
house of Dhanua to rescue her husband. She saw her husband being assaulted. She
also suffered a farsa blow on her head dealt by accused Vrindavan and another
blow of farsa on her hand dealt by appellant Brijrani.
Mr. Manish Mohan, learned counsel for the
appellant strongly urged that the presence of the appellant Brijrani at the
place of incidence has not been established. This contention, in our view, is negatived
by the testimony of PWs. 1 and 4, apart from documentary and medical evidence. As
already noticed, accused and PW-4 were closely related. Blood stained farsa was
seized from the appellant Brijrani (Ex. P16) on the date of the incident,
i.e. 17.5.1985 itself. PW-1 Ghasiram categorically stated that on the fateful
morning when he was going to the farm for daily morning routine, he saw
deceased Rajaram going from his house towards the village with a bucket for
taking milk. He also saw Rajaram stopped to talk to Chuttia. At that time,
accused Vrindavan hit Rajaram with Pabbal from behind which hit Rajaram at his
back. He also saw, amongst others, Gulab's mother, which witness was lateron
identified as Brijrani, assaulting Rajaram with farsa.
PW-4 Siyarani is the wife of deceased Rajaram.
She stated that around 7 AM when she was inside the house, she heard the sound
of her husband "come
save me" from the front side of the house of Vrindavan.
She rushed to Dhanua's house where she saw her
husband was being assaulted. Accused Vrindavan came and gave a farsa blow on
Appellant Brijrani gave a farsa blow on her
arm and she fell down unconsciously. When she regained consciousness she saw
her husband was cut into two pieces. She recognized the pabbal and farsa with
which she was hit. She could identify Pabbal (Art. A) with which she was hit by
accused Vrindavan and farsa (Art. B) with which she was hit by appellant Brijrani.
PWs. 1 and 4 were subjected to cross-examination
but nothing could be elicited to impeach the credit worthiness of their
PW. 12, Dr. H.P. Brijpuria, as already noticed,
conducted post mortem on the deceased and found eleven incised wounds of
different dimensions and sizes. The doctor opined that the sizes of all cut
wounds were clear and sharp. The doctor in paragraph 7 of his
examination-in-chief, stated as under:
"All the injuries of the deceased were
ante-mortem. Wound No. 1, 2, 3 and 6 were expected from sharp, heavy and long
edged weapon. Wound No. 4, 5, 7, 8, 9 and 10 were expected from a sharp cutting
and heavy weapon which is different from the earlier one. The inner injury of
the wound No. 2 was expected from multiple hit at the same spot. Injury No. 2
was serious which was sufficient to cause death in normal circumstances."
The doctor further opined in paragraph 20 of examination-in-chief as under:
"The injuries suffered by the deceased is
possible by the weapons item (A) pharsa and Katarna item (B) produced in the
Court." As already noticed, Art. (A) was seized from Vrindavan and Art.
(B) was seized from the appellant Brijrani. The doctor further opined that all
the injuries could not be possible by the same weapon because all of them were
of different depth and sizes. The doctor in paragraph 23 of cross- examination
stated as under:
"It is correct that the internal injuries
suffer by the body depend upon the fact that how the sharp edge of the weapon
hits the body. All the injuries could not be possible by the same weapon
because all of them were of different depth and size.
On the basis of the depth and length of the
wounds I am telling that they could have been caused by two different weapons.
If only a small portion of a long edged weapon had hit the body, then the size
of the wound will be smaller." PW-4, Siyarani, as already noticed,
suffered two injuries one on the hand by blow of Pabbal dealt by Vrindavan
and the other on the left hand dealt by a farsa blow by appellant Brijrani.
PW-18 Dr. K.P. Tripathi examined PW.4 on 17.5.1985 and found the following
injuries on her body:
1. "Incised wound : 4" x ½" deep upto
the bones, on the front side of the head.
2. Incised wound: 3" x 2" x ½" on
the frontal part of left hand".
The medical evidence corroborates the ocular
testimony of PW.4 in material particulars.
In the premises aforesaid, we have no reason to
take a view different from the view taken by the two courts concurrently. This
appeal, accordingly, stands dismissed.
The appellant is on bail. She shall be taken in
custody forthwith. Her bail bonds stand cancelled.