I @A. ‘ M zoo L mm (Wan Ora! judgment dictated or LC. Bhadoo, J: - This appeat is directed order of sentence dated 6‘" Oct SC/ST Act & the Additionat t Sessions Trial No.341/2001 v Judge after holding the acc sad/appellant guilty for commission of offence under Section 302 o the l.P.C., sentenced him to undergo imprisonment for life and pay a fine of Rs.500/—, in default of payment of fine to further undergo RJ. for \i Dais. o e year. against the judgment of conviction and ober, 2001, passed by the Special Judge, 5essions Judge, Bastar at Jagdaipur in hereby & whereunder learned Special 611a?! W fzw am mW matm m WWW H'rqa‘f %’ iivaétW $Wm APPELLANT/: Midiyami Piso, S/o Midiyami Hadma (Accused) (In Jail) aged 50 years, Rio Chitalnar! P.S. Tongpal, ‘r Distt. Dantewada (CG) - Versus - 1&ESPON DENT: State of Chhattisgarh, Through iP.S. Tongpal, Distt. Eiantewada (C.G.) i e {Appeal under Section 374 of the Cede of Criminal Procedure} ‘Divisian Bench: Hon’hle Mr. LC. Bhadoo and Hon’b!e Mr. T.P. Sharma, JJ. 16~6-2008 Mr. Subhash Yadav & Mr Anant Bajpai, counse! for the appenant. Mr. Rakesh Jha, Deputy Govt Advocate for the State/respondent. CXnA . No \\\ W mm E1200 mm (Wan WWW ammamia? WW WW éwimaméw WWW ‘ Case of the prosecutior, in brief, is that Kartami Malle (since Fleceased) was the wife of accused Midiyami Piso and Kartami Somdi is the daughter of the accused. The accused & the deceased used to reside in their house along with’their chiidren. On 4-6-2001 the deceased & the accused were sleeping n their house, next day morning Somdi intoimed. Midiyami Hidma, brot ei' of the accused, that Kartami Mane has died. Receiving this informatio , Midiyami Hidma went to the house of the accused and enquired from the accused on which he disctosed that there was a marriage in the h use of Doodhi Hidma, at about 3 pm. Kartami Maiie went to the ho se of Doodhi Hidma for dancing, she returned at 8 p.m. in the night, there Somdi Aasmati, Laxman, Sandhya etc. consumed liquor at about : pm. and at about 9.30 pm. in the night Somnath, Laxman, Sambati, So di, Balmati, Sandhya, Aasmati etc. went to Village Autnar. Kartami M lie went for sleep after taking dinner, however in the morning she w s found dead. Midiyami Hidma saw the body and there were nail marks on the neck of the body. The matter was reported by Midiyami Hidma i Police Station Tongpai under EXP-9. After registering the case, Assi ant Sub lnspector Shrikrishna Yadav left for the scene of occurrence. After giving notice to the Panchas, he prepared inquest Ex.P-3 on th body of Kartami Malle. The body was sent for post-mortem under E .P-7 where Dr. L.L. Dhankar conducted post-modem, he noticed that here was contusion on windpipe, right cheek, back portion of neck, strnum bone of chest and he opined that i @ WW WW CY A Na \\ 'LO‘SL/ mm 111200 mm (Wu) mmm WWW WWW K mm wW #mm Sub inspector registered Dehat Naiishi EXP-1O and prepared site plan EXP-12. The Dehati Nalishi was sent to Police Station Tongpat for registration of the case where omprakash Deshmukh, Head Constabte, registered Cnme No 21/2001 um er Ex P 11 After completion of the In esttgatlon charge sheet was med In the Goon of Judicial Magtstrate, Flr t Class, Sukma, who In turn, committed the case to the Sessions Judge, Jagdatpur from where learned Additional Sessions Judge received the ca e on transfer for trial. The prosecution in ord r to establish the charge against the accused, examined six witne ses. Statement of the accused was recorded under Section 313 f the Cr.P.C. in which he denied the thaterial appearing against him in the prosecution evidence and stated that he is innocent, he has been falsely implicated in the crime Learned Additional Ses ions Judge after hearing counsel for respective parties, convicted an sentenced the accused as aforesaid. We have heard Mr. Sub ash Yadav & Mr. Anant Bajpai, learned counsel on behalf of the appell nt and Mr. Rakesh Jha, learned Deputy Govt. Advocate on behalf of the tatelrespondent. in this case, there is n direct or ocular evidence in order to connect the accused with the cr me in question. Whole case rests on the circumstantial evidence that th accused made extra judicial confession before his brother and Panchay t, but the prosecution has failed to prove that circumstance. 0‘ Midiyami Hiama (PW-1) whc lodged the {eport in the Police Station. has turned hastiie. He has stated in his evidence that the éccused & the deceased used t informed him that Kartami Math he went to the house ot the a( heck of the deceased, accused enquiry \Piso‘ informed that Ma feveg and she died. Even o witness has stated that the acc ascount of fear of the brother: disclose before the Panchayati him therefore, he siapped and a that the accused disclosed bef murder of Kartami Maiie afti examination, this witness has s accused, their daughter Som' lo reside in their house, Somdi came and i has died. On receiving this information, :cused, he did not see any injury on the Piso was sitting there and was crying, on le was telling that she is suffering from t cross-examination by the A.P.P., this used did not turn up in the Panchayat on a of the deceased, the accused did not hat as the deceased used to quarrel with ittacked her with leg. It is incorrect to say )re the Panchayat that he committed the er pressing her neck. in the cross- tated that apart from Kartami Malie 8: the & son Mangdu also used to reside with ccused, his son & daughter went in the re the accused & his son sie’pt in the solemnized, they returned to their house e deceased came holding axe & club to them, on the fateful day, the d village to attend a marriage house where the marriage wa ih' the morning. Brothers of t. attack the accused, therefore, e did not turn up in the Panchayat. Ghenwaram Nag (PW has also turned hostile and has not He has stated in his evidence that it is 'nformed him‘that as Kartami ) supported the prosecution ca . - s e mm 111200 mm (We) WWW“ WW§§QTWR $a1‘manéw Panchayat has to be convened. lt is incorrect to say that he went to attend the Panchayat with Somnath, Hari, Loturam. it is incorrect to say that the and he confessed the commission of this witness is also of no heip to the Mane { has died, therefore, the Baikrishna, t Chamru, Masa & B Panchayat enquired from Piso murder of his wife. Therefore, prgsecution. ‘ Kartami Somdi (PW-3) the daughter of the accused & the deceased. She has stated in h r evidence that she does not know how Malie died as s‘he had gone to ttend the marriage, her mother was ali alone at the house, she turned u at 12 O' clock in the night, she saw that her mother was tying dead, she sed to reside with her mother, younger brother & father in the house. 4 para 5 of her evidence she has stated that her mother was a!l alone in the house, when she returned at 12 0’ ctock in the mid night she sawt at there is nobody in the house and her mother was lying dead. In the m rning, her maternal uncle came carrying axe 8: club, therefore, the acous d hid himself in the houser Harinath (PW-4) has also urned hostile and has not supported the prosecution case. Therefore, in view of the bove discussion, there is not an iota of evidence which connects the accused with the crime in question, because, Midiyami Hidma (PW 1), brother of the accused, who lodged the report, has stated that in the night he was not at the residence; Even Kartami Somdi (PW-3), daught r of the accused & the deceased, has lone at the house, therefore, even the i 3am, WW, mag? ”00 £ we: I\ wank mm m 200 mm (Wu) WWW WWW WWW mm§wm . %aif%m31r%¥r presence of‘the“accused in the muse is dOubtfui. The prosecution has utterw failed to establish the charge against the accused based on the circumstantiat evidence. In the circumstances, conviction and sentence imposed upon the accused/appe ant cannot be sustained. in the result, the appeal succeeds. Conviction and sentence imposed upon the appellant und r Section 302 of the l.P.C. are set aside he is acquitted of the said charge. it is stated that he is in detention since 2001A, therefore, he be set at liberty forthwith, unless required to be detained in anypther case. sal- Sd/— L.C.BHADOO T.P. Sharma ‘ Judge Judge Soma