Shyam Kali Dubey vs The State Of Madhya Pradesh

Non-Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.305 of 2011 Shyam Kali Dubey …Appellant Versus State of Madhya Pradesh …Respondent JUDGMENT

K. VINOD CHANDRAN, J.

The appellant along with her husband was

convicted for an offence under Section 302 of the Indian

Penal Code, 18601 and sentenced to life imprisonment. The

allegation was that the couple beat the deceased with

sticks/lathi/danda in the premises of a temple and the

victim succumbed to the injuries sustained. The motive was

said to be an altercation that occurred in the afternoon

when the appellant attempted to graze her cattle in the Signature Not Verified Digitally signed by field of the deceased. The objection of the deceased NARENDRA PRASAD Date: 2025.08.08 18:52:02 IST Reason:

1

the ‘IPC’ Page 1 of 9 Criminal Appeal No.305 of 2011 regarding the land having not been harvested was

ignored, upon which the deceased pushed the appellant

,who fell down and then took a stick from her son and beat

the deceased, twice on his leg. The appellant’s son and

mother-in-law took her away from the scene of occurrence

upon which the appellant warned the deceased that she

will come back with her husband. The threat levelled was

then executed, which led to the death of the victim.

2. The case of the prosecution that the death was

homicidal has been clearly established by way of evidence

of PW-6, the Doctor. PW-6 spoke of 13 injuries on the body

of the deceased and opined that the death was due to acute

circulatory failure and asphyxia, due to regurgitation of

blood in bronchus and trachea. Death was also opined to

be due to the head injury caused by a hard and blunt

object.

3. In cross-examination, PW-6 stated that the autopsy

was conducted at 4 in the evening of 24.03.1999 and the

death could have been caused between 10 to 12 in the

night i.e. the night of 23.03.1999. We specifically noticed Page 2 of 9 Criminal Appeal No.305 of 2011 this since the incident, as the prosecution alleges in front

of a number of eyewitnesses, was stated to be at 7 O’clock

in the night.

4. PW-1, PW-2 and PW-4, neighbours and PW-7, the

father of the deceased were eyewitness to whom the victim

had also spoken of the attack on him by the couple. The

statement of the deceased about the perpetrators, has the

force of a dying declaration. However, this was not

reckoned either by the trial court or by the High Court;

presumably due to the improbability of such a statement

having been made. We have to notice that the father of the

deceased PW-7, whose house is nearby, deposed that he

not only witnessed the attack by the accused, but he also

heard the victim shouting that he was being beaten to

death by the accused. The other eye-witnesses who also

came to the scene of crime, hearing shouts, do not speak

of any persons having been named. It is the specific case

of PW-7, who is said to have reached the scene of

occurrence and witnessed the attack that he along with his

Page 3 of 9 Criminal Appeal No.305 of 2011 daughter witnessed the incident and the victim in an

unconscious state was taken to the house, by PW-1, PW-2

and another person and after 10 minutes, the victim

stopped breathing. Later, at 9:00 pm, a report was lodged

in the police post Semaria which is marked as Exhibit P-4.

The medical evidence is categoric in so far as the death

having occurred sometime between 10 to 12 O’clock in the

night while the deposition of PW-7 would indicate the time

of the death to be before 9 at night.

5. Be that as it may, PW-1 and PW-2, neighbours of the

deceased and also related to the deceased spoke of their

coming to the scene of occurrence on hearing cries when

they saw the accused running away from the scene,

carrying sticks and the victim lying on the ground,

bleeding. Both spoke about the dying declaration as did

PW-4, another neighbour who come to the scene of

occurrence after the incident.

6. Pertinent is the fact that the victim who was bleeding

was taken from the scene of occurrence to his house, where

Page 4 of 9 Criminal Appeal No.305 of 2011 his body was found by the police after registration of the

FIR. PW-10, the Investigating Officer speaks of two

recoveries, one from the husband of the appellant; a danda

and a blood stained shirt and the other from the appellant;

a blood stained danda. PW-9 the witness to recovery

declined to prove the prosecution story of a recovery from

the husband of the appellant but affirmed the recovery of a

danda from the appellant. Though, the danda recovered on

the confession statement of the appellant was spoken of as

blood stained, it was not sent for any chemical

examination. The danda was also not confronted to PW-6,

the Doctor to get his opinion whether the injury which led

to the death could have been caused by the said weapon.

7. As we noticed, the body of the deceased was found

by the police in the courtyard of his own house, while the

incident is said to have occurred near the temple. When

the incident occurred at 7 O’clock, there is no explanation

as to why the injured victim was taken to the house and not

to the hospital. At the cost of repetition, we have to reiterate

the Doctor’s opinion that the death took place between 10 Page 5 of 9 Criminal Appeal No.305 of 2011 to 12 O’clock while the incident is said to have occurred at

7 O’clock and the victim having died 10 minutes after

being brought to the house.

8. One of the very disturbing circumstance is the

injury found on the body of the father and mother of the

deceased. PW-6, the Doctor who conducted autopsy and

spoke of the death being homicidal, also examined the

father and mother of the deceased on the same day.

Incised wounds were found on both their bodies which

were opined to have been caused by a sharp-edged

weapon like an axe or a knife. The Doctor also opined that

the aforementioned injuries sustained by PW-7 and his

wife could have been self-inflicted. The defence had in

fact, spoken of a rift between the family of the deceased

and the deceased. PW-7 in his cross-examination admitted

that his son, the deceased had been abusing and

threatening him, and his other children were sent to

Rampur due to such threats. Though, PW-7 asserted that he

had no enmity with his son, he admitted that there was a

quarrel with regard to partition. This has to be looked at, in Page 6 of 9 Criminal Appeal No.305 of 2011 juxtaposition with the unexplained injuries on the body of

the father and mother of the deceased; which the

prosecution ought to have explained.

9. The trial court and the High Court had relied upon a

number of decisions which declared that merely because

the witnesses were related, that would not make them

interested witness. We fully agree with the proposition for

general application. However, in the present case, a

defence is setup of an enmity between the victim and his

family which has been spoken of by the father of the victim.

Admittedly, there were unexplained injuries on the

parents of the victim which were also caused by a cutting

weapon. Coupled with this is the fact that the body of the

deceased, was found in the courtyard of his own house;

when the scene of occurrence, as per the prosecution, was

elsewhere. There is also no clarity as to the time when the

death was occasioned, so as to garner support from the

medical evidence.

10. The very same eyewitnesses had spoken of a scuffle

between the appellant and the deceased in the evening. It Page 7 of 9 Criminal Appeal No.305 of 2011 was also alleged that the said witnesses had heard the

appellant threatening to bring her husband to settle

scores. Admittedly all these witnesses are related and are

residing in the same neighbourhood and their presence

cannot at all be doubted. However, the fact that the body

was found in a different place from the scene of

occurrence; at the house of the deceased, the unexplained

injuries on the body of the father and mother of the

deceased, the admitted dispute on partition in the family of

the deceased and the lack of clarity on the exact time of

death creates a reasonable doubt. The eye-witness

testimony of a frontal assault is only of PW-7, who did not

have a very good relationship with the deceased, his son.

The other eyewitnesses converged on the scene of

occurrence, hearing cries and spoke of having seen the

accused fleeing from the site with sticks in their hands.

None other than PW-7, witnessed the alleged attack on the

deceased victim. The dying declaration was not even

noticed by the trial court or by the High Court and we also

find it to be improbable.

Page 8 of 9 Criminal Appeal No.305 of 2011

11. In the conspectus of the above findings, we are of

the opinion that the appellant should be given the benefit

of doubt. The order of conviction entered into by the trial

court and confirmed by the High Court stands set aside.

The appellant, hence, stands acquitted and she shall be

released forthwith, if she is not wanted in any other case,

and if she is on bail, the bail bonds shall stand cancelled.

12. The Appeal is allowed.

13. Pending application, if any, shall stand disposed of.

………….……………………. J.

(K. VINOD CHANDRAN)

………….……………………. J.

(N. V. ANJARIA) NEW DELHI;

AUGUST 08, 2025.

Page 9 of 9 Criminal Appeal No.305 of 2011