STATE OF M.P. v.

MUNNIBAI & ANR. (Criminal Appeal No. 1298 of 2002)

AUGUST 28, 2008 [Dr. Arjit Pasayat, P. Sathasivam and Aftab Alam, JJ]

The Order of the Court was delivered by

Dr.ARIJIT PASAYAT, J. Heard learned counsel for the parties. Challenge in this appeal is to the judgment of a Division Bench

of  the  Madhya  Pradesh  High  Court  directing  acquittal  of  the respondents Munni Bai and Gendalal.  The accused persons faced trial  for  alleged commission  of  offences  punishable  under  Section 302 and Section 328 read with Section 34 of the Indian Penal Code, 1860 (in short  ‘IPC’).  The accused persons were found guilty and sentenced to undergo imprisonment for life and five years by learned Additional Sessions Judge, Gadarwara.  

The prosecution version as unfolded during trial is as follows:-  Munni Bai (PW.3) is a professional dancer and prior to the date

of  incident,  she  used  to  reside  with  the  Tirath  Singh  (hereinafter referred  to  as  ‘deceased’)  as  his  keep.  Accused  Gendalal  and accused Mulayam Singh (since absconding) wanted that Munni Bai should live with them as keep, but she was not willing. While Munni Bai was staying with deceased Tirath Singh accused Gendalal and accused Mulayam Singh came to  the village and invited them for dance function in the village. On their invitation, the deceased and Munni  Bai  came  to  village  Sirsiri,  where  they  were  kept  at  the residence  of  one  Shankar  Barua.  There  they  ate  Roti  and  Dal; brought by Gendalal and accused Mulayam Singh spent the night in the  house  of  Shankar  Barua.  In  the  morning,  (Munni  Bai)  PW3. intended going to village Oriya but was stopped by accused Mulayam Singh and he stated that dance and song programme shall be held.

Around noon time accused Mulayam Singh took her and deceased Tirath Singh for taking food at the residence of Gendalal. Munni Bai and deceased Tirath took food at the residence of Gendalal and slept there. When they woke up in the evening, deceased and accused persons  smoked  ‘Ganja’  and  took  ‘Thandai’.  Thereafter,  accused Mulayam Singh and Gendalal  Singh brought  two plates containing food articles including ‘Halua’. While P.W.3 Munni Bai ate Halua, she found the taste to be pungent and thereafter she did not further eat the Halua. After taking the food, deceased Tirath Singh and Munni Bai became unconscious and thereafter they were taken by Gendalal and accused Mulayam Singh to the residence of Shankar Barua and thereafter to the house of (Bhagwat Singh) P.W.13 From there, the deceased was taken to village Oriya Ghat in a bullock cart . While he was  being  taken  to  Udaipur  hospital  by  his  brother  (Khet  Singh) PW.12 , he died and the dead body was taken to the Udaipur Police Station. Information was recorded at the village and the same was forwarded to Saikheda Police Station on the basis of which offence under  Sections  328  and  302  of  the  Indian  Penal  Code  was registered.

During the course  of  investigation,  dead body of  Tirath  Singh was sent for post-mortem examination which was conducted by Dr. Narendra  Kumar  Palod  (PW.19).  According  to  the  post  mortem report, death of Tirath Singh had occurred because of respiratory and circulatory  failure  and  may be because  of  poison.  The viscera  of deceased was sent to the State Forensic Science Laboratory, Sagar for  chemical  examination.  The  same  was  found  to  contain  zink phosphide. Police after investigation submitted charge-sheet against the  appellants  and Mulayam Singh (since  absconding)  for  offence under Sections 328 and 302 of the Indian Penal Code. Appellants denied  to  have committed  any offence  and their  plea is  that  they have been falsely implicated in the case.  

As the appellant denied to have committed any offence and took the plea of false implication, trial was held. In order to further its case, the prosecution examined nine witnesses. Munnibai (PW3) was stated to be the star witness. Her witness was to the effect that the food was served to the deceased and to her by the accused persons and one Mulayam Singh who had absconded. The Trial court found the evidence of PW3 to be reliable and directed conviction and imposed sentences as afore-noted. The accused persons preferred appeal before the High Court. The primary reason for

the High Court directing acquittal was that it was inconceivable that accused Munni bai would be a party to a plan that her husband would keep Munni Bai (PW3) as his keep. It was also found rather improbable that absconding accused Mulayam Singh and Gendalal would have a common motive to keep Munni Bai (PW3) with them when one of them was married to accused Munnibai. So far as the question of administering poison is concerned, the High Court found that there was no evidence to show that any of the accused persons administered poison. The evidence of Munni Bai (PW3) was to the effect that the poison was mixed with the Halua and she found the taste to be pungent and did not have the whole of halua served to her; but the deceased took the whole quantity which was offered to him. The High Court noted that she did not know from where the Halua came. Interestingly, there was no forensic examination of the halua which is supposed to have contained the poison by PW3 and shared by the deceased. In that view of the matter, we are not inclined to interfere with the judgment of the acquittal impugned in this appeal which is accordingly dismissed.