'CIF'0'500060194 THg H®*BLI.HIGH OF MADHYA PRADISH AT JABALPUI M.P. Criml.aai App-eal M©. ^UeX of 98 Sahani Ram aged 57 years., Son of yishram Patel, Resideiat of Gi^hat.iri, Police StatiOB^ Bilaigarfa, Distrioti taipyr M.P< ¥E R Sl? S State of Madfoya Pradesh, Ttooughs Police Station^ Bilaigaria, Distt. toipur M,P< •. Appellant/Accused (,1m Jail from Jail) Kespoadenti APPEAL 574(2) Cr.P.C. • ^ XI-HC-22 ^•^i t<ll^i(rt<Li^, '^rtWT^, R^ii^y HW<r\{ 9h^icb sni^r xiTra? _&^.:../^E./f^ '^ 2W "l^re^T' ^TT^T^T f<TiJ5h ?ni?r 5t)+ii<=t) ^f^a ^ +, ct»i^(<n<flrt *ii^<yiT'^ fs^l <p3i^i< i73?rf^R.3T1^T . DSVISION BENCH: HQN'Bl|E SHRI L.C. BHADQO & HON'BtjE SHRI DHtRENDRX^/IISHRA; JJ CR{MINAL APP^ALNO. 1402 of 1998 AppeSlanf : Sahjani R^m Vs,| Responcient : Sta^eof IVIadhya pradesih Shri N.K.Chatterjee, learned ccjunsel for the appellant. Shri D.K. Gvraire leamed P.L. f^rthe respondent/State. ORALJ PerL.G. Bhadoo.J Lm^_MEAT (21.Oft.2006) The appeilaht has preferred thit appeaj ynder sectipn 374 (2) ofthe Code ofCrlminal Procedure against tttejudgrn by'Special Judge, Raipur in SessR)ji Trial No. 73/1997 convicting hinii under sections 302 and324 ofthe Irtdian Penal Code anct sentencing to undergo imprisonment f&r iife and Rl| for six mo.nths respecfively on both counts: •" - •. . , •2., ' . Case .of the prosecutioii in: bri^ intimation EK. P-1 in polic^ statiw Bi!^ about 2 to 3 p.m. when he along witt| ..^ .•'-:. -. '. ^ " • ' and Thakur Luku ciriver was sitting in| at that time wife bf Sahani nameiy ^ •f is ttiat PWW1 Parasram gavemerg jgarh to th^ effectthat on thatday at j-twari, • Ramjiia,' Chhedudas, Siyaia!, the Parchhi of the house of Sahani, hyambaj and mother Rathbai came [1cf^^n^^ -T r\^. XI-HC-22 ~3^ r^WM^, ^•^W\^ ^W^y^ *11*1C(11 5b^l<=b srr^r ^SR __c^:.^.:.^.^ ^T^Jt' SIT^T^T f^iw-sn^T ^*iich ^fia ^ ^TT^T ^<TT^R: ^rf^T ~ 2... cbNf<n<J1l TTTTT^f ^ f^^ <f^1<^l< '^'^rf^pT^iT^r [crying out of the house and said that S^hani was committing suicide with |the help ofropeand on theiFinterrfent(t|n he chased them. Thereupon- he '!1 •- ^ '. '^ \ ^' - ^ 1r- ' '." :' . .^ :- ' : . • . . '" --...-.\ •.'• |went insidethe houseofSahani and Sajhanj gotfyrious and assaultedhim (ched axe from him and ran away wth axe on his necR on which hesnal from his hous'e and afterkeepingthe^ [ij^Asawaccused corning out with Vt/ooc^ personswtio were sittingthereran aw^ did not leave the ptace of occurren| Thakur on his head with wooden plan| down and died spontaneously. On rece| iaid axe in his house he cameouti len plahk and after seeing this, the ^ but the person known as Thakur ;e; Thereupon Sahani assaulted1' < as a result of v^iich Thakur feil ving this r@port Ex. P-1 theStation House Officer, Police Station, Bilaigarh) registered thecrimeNo. 62/1997 ' for commission Qf the offences underjs^ctions 302 and 3&7 of the iPC under P-2. On produGtion by Parasramj weapori of offence axe was taken into possession under P-3. Site plan E}(. P-4 was prepared. Thewooden piank \A^S taken into possession undet'Ex. P-5. Blood stained and plain spil, one broken wooden plank, one pa1| towei were taken into possession from| P-7. The inquest report P-8 ofthe dead| Ex. P~10 was given by the accused r^ pursuance of the said information | possession. Body of Luku was sent| Primary Heaith Centre, Biiaigarh where| mQrteln examination and prepared the| injuries of Paras were examined by th| ofshoes madeofplasticandpne. |the place of occuiTence under Ex. Ibbdy-was prepared. SViemorandum ^garding the wooden plank and in wooden pSank was takesT into for post mortem examination to - Dr. C.S. Pate! conducted the post post morte?T( report Ex Pa"12. The 3 doctor of- Primary Health Centre, ^^fe^ T w XI-HC-22 ^TT^T^T , h^ snt^T $t)^ich ^f^a •',c- '3^ ^INId<LI, ^TlWi<o, i^<ytl^y ^.Gx:^..^^^ Hl^dl 5bH|cb 'fN^ST' ^TT^T i^T^FC ^rf^T • -J- Bitaigarh and injury report P-13 wa; investigatjon charge sheet \^s filed in 3. -Prosecution in order t6 Q^ accused/appellant examined as. many statement of the ^ccused was also Code ofCriminal'Procedure in which appearing against him and stated thal impiicated jn the crime in question-. L counsei fbr both the parties accused/appeiiant as mentioned in pa 4. We have heard Shri N.K. Cha Shri D.K. Gv^lare, Dy, GA for the Sta 5. Homicidal death ofLuku^iJias 6. As far as involvement of a deceased is concemed T»W-1 Paras stated that on thefatefui day mother they were sitting pn the Chabuti committing suicide wth the help ( Accused Sahani assaulted him wth driverwith eiub. Luku i.s also known In the cross examination he has stat the accused. The house of Thakur used to visit the house of Thakur, F CM^t<n<flt TFTR^ff^ Fs^ <p?t^« '^N^R3T{^T + prepared.1 After completion of the |the Court ofSpeciai Judge, Raipur. ^ablish the charge -against the las 15 wjtnesses. On the other hand recorded under seGtjon -31-3 of the h e denied the prosecution evidence he is innocent and has been falsely leamed Special J.u.dge after hearing convicted and sentenced the 1-agraph one ofthis judgment." * terjee coynsel fortlie appeliant and te. . -' . .; .:' -• .. .. • fhakuris not in dispute. [;cused/appe!Iant in assaulting the ^am who- is:~th:e1njured^w^^ |of the accus'ed infQrmed them vrfien \a' that Sahamram, accused was |f rope, on which he went there. laxe and thereafter assaulted Luku |as Thakur arid he died on the spot; ^d that he had no animosity against ^ in front of his house,therefore he FW-2 Ghhedudas has stated that on • •,. [Tft^ ^n^? L^ XI-HC-22 371^T^T f<rii<=b an^r ^^w <-tfia ^ l-r ^:sr';:^p:n^prT, ^Til^^Ko, &<>ii<iy 3^?T tR^ ^^..^.i^.z^ HIH^tT^^n^ 'l^^ar' the.fateful day when they were accused came there and said that the heip of rope and requested for the house. VAccused Sahaniram assautted Parasram on his neck as out and Parasram snatched the axe of Parasram, the injured wjtness, deceased Luku with lathi as a result was a!so sitting with Parasram on has stated that \Mien h& was sitti Sahani mother of Sahanf shouted committing suicide \Mth the help of the house to dissuade Sahani not wlth axe which hit on the left side of|i from Sahani. Luku driver was al| shadow. After Parasram ran away house, brought the wopden pianK a^ vAich he died. Therefore, in view) injured. withess, PWM7 Dasin Bai established that accused assaulted I in the cross exasinjnation of these I ab!e to eiicit anything whicSii mak| u nretjab le or untrustworthy. sitt|ing cdme t|ie frbm 7. Learned counse! for the adc contraididion in the First informati^n • ^Htd^^^TR^tfe^^ ^ 3Tf^fH 3P|T^T on. the Chabutara mother of the ^ccused was committing suicicle ^th [elp, on whicft Parasram went inside ^ out of t'he house with axe and |a result ©fwhich blood stated oozing * ^nd ran away. PWa-7 Dasin Bai - wlfe has stated that accused assaytted of whioh he died. PW-14 Itwari v^ho Chabutara at the time of incident, )TS on Chabytara near the house of inside the house that her son was l-0pe and wtie.n Parasram went inside |o do so, Sahani assaulted Parasram |his neck. PaFasramsnatched the axe |o there vxtio was sitting under the Iwith axe, the accysed went iriside the id assaulted Luku driver as a resyit of of the evidence of PW-1 Parasram, land PW-14 Itwari Bsti it has been |the deceased with wDoden'plank and Iwitnesses, the defence h as not been ^ the eyidenoe of these witnesses +- cused/appeliant argued that there is Repo?"t and dlary statement t©the [Tft^ ^f<s<^ XI-HC-22 CT^I^T [<'li<=b <3Tlip?T 5ti^ict) ^f^a 1-..., /^^- @ 's^ ^l<4ld<ll, ^Til^^Ko, fa<ni^^< ^••y ^1*1^11 $b^|ch 3T^r xi^? ^.^:JM.^^ I^^T' 200 ^n^T'^iT^Tt'5crft9r ^-^ ^* effect that Parasram' has staN< 33^a\^e^ ^^^^^^\^ stated that accused assaulted witli S. !t is admitted pQsition thi wifh a piece of wood used in the 4 wooden plank there is no mMch substance in the argument advant is no materia! contradiction and evidence of Parasram, Itvteiri and | assau Itin g the cleceased is estab!| Parasram, PW-2 Chhedudas 4 established the accused caused .'axe-.. '. •1 ! . . '. ! . '.. 9. In view of the abo^e legs|! considered opinion that the trial infirmity in. convlcting the accuse< the IPC. According!y,the appe^ distnissed and it is hereby dismisl Sd/- L.C, Bhadoo Judge cni^(<n<fl<i ^H<n1i ^ fecc^ <^<^i< ^'STf^FT^Ti^T d in the F.i.R. that accused Sahani in the Courl: statement he has lathi. • kt the accused assaulted the deceased totforfixingthe teg ofcotand jn iathiand Idifference, therefore we do not find any i|ced by counsel fortheappelJantasthere M has be^h nnentioned above from the iDasih Bai, involvement ofthe accused in jshed. ,Stmiiarly, from the evidence PW-1 tnd - PW-13 Dr. C.S. Pate! if js aiso Ivofuntary vsimp!e jnjup/ to Parasram with ^nd clinchingj^¥idence, we are of the ^oyrt has not committed any ill^gaiity or IfappeKant under Section 302 and 324 of I- bein.g devoid ;of merlts/' deserves to be >ed.. Sd/- Dhirendra Mishra Judge [Tft^ ^fo^l