BHARAT versus STATE OF M.P.

Citation: [2003] 1 S.C.R. 748 · Decided: 30-01-2003 · Supreme Court of India · Bench: Y.K. SABHARWAL · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
BHARAT 
v. 
STATE OF M.P. 
JANUARY 30, 2003 
B 
[Y.K. SABHARWAL AND H.K. SEMA, JJ.) 
Penal Code, 1860: 
Ss.302 and 394-Murder and robbery-Conviction by both the courts 
C below based on circumstantial evidence, i.e. accused last seen with deceased 
and recovery of ornaments of deceased from accused-Held, High Court erred 
in relying upon the factum of recovery as a circumstance against accused 
despite holding that ornaments were not duly identified-There was neither 
proper and legal identification of ornaments nor the recovery as a consequence 
of statement of accused-Besides, death took place a couple of days after 
D deceased was last seen with accused-Mere non-explanation by accused can 
not lead to proof of guilt against him-Chain of circumstances not complete 
so as to sustain conviction of accused--Conviction set aside-Circumstantial 
evidence. 
E on. 
Hardyal/Prem v. State of Rajasthan, (19911 Suppl.I SCC 148, relied 
State Govt. of NCT of Delhi v. Sunil and Anr., (20011 1 SCC 652 and 
Mohibur Rahman and Anr. v. State of Assam, (20021•6 SCC 715, held 
inapplicable. 
F 
Constitution of India: 
Article 136-Conviction recorded by two courts below-Concurrent 
findings of fact-Interference with by Supreme Court-Held, there has been 
a complete miscarriage of justice to the accused-Conviction set aside. 
G 
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 
488 of 1996. 
From the Judgment and Order dated 18. 7 .1995 of the High Court of 
M.P. in CRLA 153/82. 
Ms. Sudha Gupta and Mrs. S. Usha Reddy for the Appellants. 
748 
.. 
BHARAT v. STATE OF M.P. 
749 
Siddartha Dave and Ms. Vibha Datta Makhija for the Respondent. 
A 
The following Order of the Court was delivered 
The appellant was convicted by Court of Sessions for an offence under 
Section 302, IPC and sentenced to life imprisonment. He was also convicted 
for offence under Section 394, IPC and sentenced four years rigorous B 
imprisonment. Both the sentences were directed to run concurrently. The 
appeal of the appellant was dismissed by High Court by the impugned 
judgment. The appellant is in appeal, on grant of leave . 
The conviction of the appellant is based on circumstantial evidence. 
In brief, the case of the prosecution is that the appellant is a village 
artisan being a carpenter. Deceased Phullobai was a wido. She was a village 
c 
~ 
nurse who used to attend to the health of women and help them during 
pregnancy. She was living with her son Paltoo (PW8) and mother Jhuttobai 
(PW! 5). According to Paltoo the appellant came to their house in the evening D 
of 8th January, 1981 and said to deceased that his mother has developed 
some sto1nach pain and her services were required. Oi;t this representation the 
deceased went with the appellant to his village. At that time she was wearing 
silver ornaments, namely, Toda and Khagwari. Paltoo and Jhuttobai waited 
4. 
for the return of the deceased till the evening of the next day. When she did 
not return Paltoo went to village Mijwani to the house of the appellant. E 
·\ 
There he could meet only the father of the appellant on Paltoo making enquiries 
about his mother the father of the appellant was unable to give any inforination. 
Paltoo then went to village Vidisha and reported the fact of missing of his 
mother to his maternal uncle Halke (PW7). Halke advised him to go to 
village Barkhera and make a search for her and also to report the. matter to 
the village sarpanch and chowkidar of the village. Paltoo made a report of the F 
incident to village chowkidar on whose advice he along with PW7 lodged a 
report to the police, Vidisha on 12th January, 1981 under Section 498, !PC 
stating therein that on 8th January, 1981 the deceased had gone with the 
appellant for delivery and had not returned back till that date. The further 
case of the prosecution is that on 13th January, 1981, PW7 m.ade enquiries G 
from the appellant about the whereabouts of the deceased. The appellant then 
confessed to him having killed her and thrown her in Ulati river. On that 
information PW7 went to the river ·side and found that the dead body of 
Phullobai was lying by the side of the river partly covered by earth and a 
small portion of cloth was visible. 
H 
750 
SUPREME COURT REPORTS 
(2003) I S.C.R. 
A 
The post-mortem on body was conducted by Dr. K.C. Bagrecha (PW13). 
B 
c 
D 
There were the following external injuries on the body:-
"(a) Multiple abrasions at forehead more on left side. Size varying 
form l"

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