PT: ) Jeé‘umm! 5/0 Rama Nishad, ae abou? 35 year'$, R/é Wiage Arkar, P.S._ irw, Disfi Burg MP. ew C5 Versus T: The S‘M‘I'e o Madhya Wadesh {ao €hha‘7‘7‘is’gar’r‘a}, ’i’hr‘cugh Sfafic’n Erycharga, R. aurur, mm. awfg, My. ow w rimim apgaa! under- Sacfion 374 sf fhe Coe of Criminai Procedur 197 K =:;:= sa r. ‘ Agrawai, Senior i1.dvaca're wi‘rh Mr. C.K. Sahu Advocm‘e for The K rxB . .. anheH Mr. Quvim Agrawai, Panei Lawyer“ fer The Sfn‘fe/resoradaw‘ ad p A an’r. Sinaie Bzmh Hanbk .w. T.P. Shawna. J. : ' i ‘ GRAL §L3D$M§NT (agiwgrarj 9n 2" 52g?z?$bg, 293) 3 apgeaé is iram’ed agains? i‘ha jugman‘r of colavic‘rim and orer 0 T45$ d d d f rnc L—g :asm" m iam§ $2<<Lan< .Tmigz :a'gni'ag da‘rgé EiQwlgé s by é'hg 5 A=idii’ , ur Sassic s Hid No.3 $93 w§¢eraby aame Adi‘riona $essions Jude a U1 9 ater sdirsg 1215 agzfjéian‘ guii'z‘y fer commEsian ooffenca under Sec'rian f hi : r fé‘ 07 of “me I.P.C. sen‘renced him T unergG RI. for six years. 3 , o d 2. e imgugna Jugmeaf is ckaingeé on fhe gmund 1‘hcd' wH‘hou? (my evience Th d d k d /lma fada su‘fficien’? for nvic‘l'ion, $wmed Triai Cour? has coavicfe and gr go d ergirznce e eiian‘ » y )r. ( jud§mam¥ {as ais‘a fi’xa recwd of ”the Triai Court ha. mam? §e&ma coaase far fhe ar‘es and esed ‘tha iued' E w d i aii nvu mgm HE§H CGUR? f3? CHHAm$Q£RH $ILASPUR Crimémi #ammai Na.19&6 a? 1g9§ APELLAN in] n. mi” -.. h gd €L , {n .) RESPONDEN f w 5 {n .) {Cg d e, 3} I £ Pre‘rm “ r 8 ‘ b». , m id d3 a ,. -« sd fh agg? V / jawsecwian, §n brief, is é‘i‘m we ap'gegw‘i‘ and compbincmiV injured §amshmm £PW4§ are naighbwr$ and They are rasidem‘s of Viiiage Arkar. Q'n "the mire of z cEdem‘ La $—5—1993 a‘!’ abou‘? 7" am” wife of i'he ‘G tainam wera guarreimg wi‘rh each when A? ‘a‘hcd.’ ‘kime we camglaihcmf was swing “w fake bwmg ha in‘rer’vened in ‘s‘he qaarrei anti wiedi To s'mp bofh {he woman, i‘inzn a”? appeHcm‘r came and assauWed “ha campiain‘anf WWI women plankm mcksida a? Ws head, The ccmpiaimnf ”M? ameiim? 5g Mfg offme wan a’atm and bgcama umnmcéoas‘ Firgmn he was sM'F‘red ‘ra his hausg and u ‘ ‘ ‘Theram‘wr, *m P§Eice Smfian Gwuiz whare he J’odged “fhe FER. Vida EXP-12. Qn vi; basis: of Tim FIR EXP—13,2, izumbared FER. was regiskred viaie §X.P— 13. Tha injurad was sew? “F02" madicni axammm'ion To Primary Heca31’h Gama. Gurut Vida E:<.?~5’A‘ w§zere §’1e was exczmmad by Dr. KL. Bhandarkar {PW~£:} Vida Ex.P~§a. ‘ The doc’mr ”found foié'ewing iajuries of} ‘fhz boiiy, 0‘? Ganesh Ram: * (a) Lacem‘rw wwnd in ’rhz $ize sf 3:? Cms. X. 1 cm. x if cm. an lef? fare head: (ii) Lacgrm‘ed weuad {irra§a3ar) a the size of S cms. X 1 cm. x % cm. on middle of $kLi§§ more near ‘fha ie‘xT parie‘mi region; & (iii) Biwxcwgh {iecoiourism’im on §efT iower eye iid. X-r‘ay 93am EXP-18 <34 X—ray reggox'a‘ EXP-19 reveé? ‘fha‘r There freeswre 0‘? parie'mi bone Piam so§i 3g b§00d swirled 50H were seized from ‘rhe pSace of aeaurrence and cio‘mes were seize€ fram The comgmimm' vide EX.P-l. , ,m ShLe map mi The gzuce mi ocwrreme wee pregared by Tee Eeve§€gafing GWicer vii‘ie EXP-2‘ The appeilan‘r ems ‘kaken im‘o cusfociy and he mede é§scm$ure sm‘remen‘? reiefing 1": wmm'en piank xzide ExP-Ez anti fhe said woodeir? avian? was retailer-ed a? {he ins? ace a“? ?%e apyeiiarzi vide EXP»? Rczmmcha was recorded vide EXP—1TH. is iMear b J3 Aiwr recordmg %§fie si'a'fame'v '3'3 undar Sac?§on 161 of 'Hqe CnP‘Ca, and mare? cam;3a?iew of imesriga?iom charge giaae“? Ms men fiied befm‘e We Judicia? Magsfrm‘ai Firs? (Has; Babd, whc m *um, ccmmi‘fwd ‘i'ha case #0 ‘?‘fse Cam“? m‘ Sessigms Judge, burg, fwm Wham lgamgd E“ ££§di?i0rzai‘5ass§§n$ Jurjg-a, ‘Duvgg fhe casa m ‘fmnsfer for Wink ‘Q , Tha guii‘t x3“? ‘ihz apjgeHan‘r, fhe gymsecu'ricrs has ammimci as mcmy as 12 wHnesses. S‘hszxi'emen? 9f f‘nz uccused/apgeémm has beerw rkc‘rgrded' um‘ar Seam: 3:3 a? Tha Cr.P.C. 'm w§1ich 31a denied fha cwcamsmnces agapeér’mg agaias‘f him! pleaded innocence. and faise imp§icaf§an Ha {ms aisa mkgn #he éefgma ‘Fha’f fae camphimm‘ Kcxs friai Ta enfmga “Fm: meciesfy of Hs wife mcil M Ems iodgeti The repcrai ffhe compQaimm' is having inimiwi farms wifh The appaikm‘? and <3$ a r'esui‘l' of enmiw he has baa; éminiktawd faiseiy‘ . 3r ordar ‘re es‘irab'. y Mr. H3. Agrawai... iear‘ned Senior Ativomm appearing on behtzif of fhe apga§iam?_, argued T§mf no eyewifness has 5:391: The ecwrrema, ‘?he cempiainan? himsaif hgs m1“ s?a‘?e:;’ 141a? he is bearer? by whm‘n. Seized am‘icies were n9? examimd by 4mg chemicai exigerr? “m canned fhe ar’i’icies wifh The: mime in ques+ion En iha absence m“ my mgdiw§ and ra3iab% evideace, espaciaéiy when ”(he apgge§§anf is émving imz’mml} farms wifh :fha compminaa? & ws famiiy, ‘fha case gigging? fhg aggelian’? Ms no? bean gnroved' by fine pmsecu‘rion beyond a.” masmabie cf doubfs. 9 .r:\ On ‘s‘he owe? haad: ‘ri’aa jud’gmen‘r is suppeWed on hem}? of The Shaw/i respandam‘ ané i? §s saEmé‘H'ed fha‘: ‘mg grosecm‘mn has provad i‘rs case by adducing cogen‘i‘ and riziiabie ewdwée. k, ’3‘ , h 9. As regard$ ‘é‘he iiaJury caused' by ’r’na appabn‘? an comniainanf §aneshmm (Earaashmm (:3W-l) has siru‘i'ed Thai: he raceéved imurv over back side 51" his head and fell dawn uncenscious. §e$karbai {PW-2) - wife of ‘9aneshmm; \ ‘G ! Sae‘Mmm Wkly—3), sQn 0‘? GamesWmm (Kg Chho‘miai {PWw43 mwe supaor‘l‘aa‘fha injuries of 'E’Ie. campiaimwir. The comgiaimn“? was exam§nad by Dr. KL. Bhaym‘arkar IP‘Al-6§ who fmmd mjmes: as sm‘red aiacve, ovar his body. Dr. v.5. Qaghei {PW-12) kw cwducfzé X-ray and feand iinear "fracfure Qf parie‘mi bime v§de X—mv mam Ex‘Prw and X—r'av rencrf EXP-19. V . 10. in viaw of fhe abcve acuiar and med§wi evidence. i'r is esi’abiished ?ha"r GT 'Hqe 1'ime 0f inciden‘f, ‘r’ne comniaimn? raceivea‘ injury over his head whmim was grievous in nufure. 11. As regards “ma comgéicii‘v 9f ‘rhe abnaiicm‘r in fhe crime if; ques?iam Qaaaskmm {PW-1}, whe §§ '3'h‘a comgiamm‘r, has sm‘i‘eci m his evidence 'i'hcn‘ on ‘i'ha fa‘re‘fui dav ‘ihe (iiaEu‘ie was: piace beiwean his wife and fhe aoneiiaa‘i‘s wife: ha wen? f'a reSghie The mai‘igr' and The appeiian? assuui‘red him from backside wiih waoden gaimik as a resui‘s‘ of which he faii dawn unconscicus, Thar’eas'er, he was taken To The Poiica Sia‘?iani Keshcrbai (WV-2) is wife of The comniainan‘i. Shz 3 has sfahad iii her avidencz ‘ihn‘i‘ she heard ihe crie§%f The appelian‘i Thai“ he has kiiied, i'hen she came oui' and saw Thai ihe appeiiani was assaui'i'ing her husi‘vcmd wiih wsode'a piwk, biocd was coming oui’ from fine injury of he? husband. ,r‘x 12. Sagiamm Law—3; san a”)? Eaneshmm (3:, Chhoi'uiai {PW-4) were aiso prasea‘i‘ 0a The giace of; ecwr‘rence. Eae‘i‘amm £9W-3‘}, soa oi: ganashmm. has s‘tai'ed in his zvia‘sncs 'i’acd' whim he hearé The cries of Eaweshi‘am. he came au‘i from ihe House, a? ihaf iime. Ganeshenam ieii domm and became uaconscisus. The ap§e3§am was rmwmg from fhe ghee a? agcuwence and he was miciing waoden yie‘ak Chha‘miai gPW—ll) aisa sm'md in h§s av'idgnce “mm“ he saw fhe appe§§anf running from W‘ha scene of occurrzncag he was suyiag *rhccl‘ he has assaui’rad gumshr‘am. When This‘wi‘rness {PW-4) reached ‘i‘c #he spo‘l', he‘saw Ganesh 'm injured condi‘fion and biood was oozing ou‘r of “the injury. 13. Nérendra Kumm- {PW—5) has s‘m‘ed m his evidence Thar he heard fhaf “fine appeiim‘l‘i‘ has assaui‘i'ed Ganeshmm; bu‘i he has no? seem ‘ihe incidem'. He has bee‘h ‘deciared hosiiie by the prosecuiien anti he has no? suppari‘ed *{he case of ifqe prosecu‘iion. ‘G ‘ A ~ v¢ 14. Ganeshr'cam (lPWmlj ides admi'rfed in his cross—examimfion f'ho‘i' he has no? seen as To who hos bedien him! because i1e was assaui‘i’ed orifbocksicle. He has oiso admi‘h’ed ‘i’ha‘i The appeiiam' and his wife have iodged report ogains? him reia‘iing "i0 om‘mg‘mg fhe modesi'y of 'ihe oppeilam's wife. He has denied i‘ha‘; on i'he ground of ehmi'i'y, he has lodged faise repori' agaihs‘i ihe appeiicm‘i. He has also denied iha'? he received injury due io faii an ‘ihe ground. He has admi‘r‘ied in his cross-examinai'ien para 11 iha‘i ai‘ ‘ihe Time of quarrei befween his wife & wife of The aepeiian‘i', persons of fhe vicini‘iy were presen‘i' on “ihe & spm". Kesharbai (PW—2'), wife of compiaimni 6anesh’f‘him; has aiso admii’ied in her cross—exomina’rion para 7 ‘i’ha‘i‘ she came ou‘i afwr hearing ihe cries of ‘i‘he appeiian‘i’. . Therefore, from The pefusal of The evidence af Ganeshmm (IDW—i'), i‘i‘ aepear‘s ‘rhm‘ he was assauifed on his back porriion of head and he feii down. There is no scope f0?" second or ihir’d assaui‘i. Bu? fhree injuries were fouhd on ‘rhe body of 'ihe complainant This fac'i shows ‘i'ha'i' i‘he injury over fron‘? side oi‘ his head and biackness beiow i‘he ie'i‘i iower eyeiid was as a resuh‘ of faiiing down. He received omx/ one injury as a resui? af The assauh‘ mic} ‘i’hcw was on his back side of head aT pmefa! region. He has syecificaiiy grand “rim? he was assaui‘red by The appeiian‘i'. bu? m cross—examinm‘ion he has sm‘reti Tha‘f ‘G 'i'he assQUH was made from backside, Thai is why he was no? abie i'o eee as TO who has assauiTed him, buT he has noT said anyThing ThaT The aopeiianT has noT assau§‘;‘ed him. As regards The quesTion ThaT wheTher‘ The injurv caused by The appeiia‘ni‘ on The l7. gerSOn of fhe campinimn‘i‘ was dangerous ’ro iife and fine cppeiiam‘ asscuh‘ea‘ Ting compiainan'i' wiTh inTenTion To cause his deai'h, The appeiian‘i’ has infiicTed oniy a sinqie injury on The compiainanf and min away, in spifé‘i‘o‘? having opporTuniTy To repeaT The blow and cause some more assaui‘rs. The compiainan‘i‘ had Tried To ouTrage The modesTy of The appeiianT‘s wife, as a resuiT 0f which, The apneiiahT showing annoyance caused The said injury on The compiainanT. This shows ThaT The appeiianT has noT caused any iniurv wiTh inTenTion To kiii or commiT The deai‘h of The compiainam‘. BUT in‘i‘en‘i‘ion or’ knowiedqe cah be inferred from The naTure of injury, parT of body over which The injury was caused and The weapon used by The apoeiianT. This shows ThaT The aopeiianT was having knowiedae ThaT by @v 16. According To Kesharbai {PW-2'), she heard The sound of 'ihe appeiiaml ihen g she‘ came ouT and saw ThaT The aooeiian‘i was assauiTina hen husband wiTh wonder: piahk, same is sugporfeci by See‘i’aram (PW-3), sch of §cneshmm ¢& Chhc‘iuiai (PW-{i who came near ihe incidenf and saw ‘ihe appeiiani' ruhning wi‘ih wooden piank. These fac’rs are inferreia‘ied and .suf’ficien‘i’ “for drawing- inference Thai “ihe anneiiam' oaiv has causeci injury on ihe eerson of ‘i'he compicximm' and he assauh'ed The comniaimni' wii’h wooden Diank over his headl fhereby he has caused grievous injury To the compiainsn‘i. 23 “m causing injury wifh woaderl piank over ’rhe heaci of fha camvlainant he may cause severe assaul‘r or if may he dangerous 1'0 fhe iifg of fhe cormaiainan‘i'. The k avidence aciducad on beinaif of {he prosecu‘rion is suf‘fkien‘? To draw infema‘nce fha‘? The Ggpaliam‘ has caused‘ grievous injury 1‘0 The campia’incmf i Q with wooden gaiank which is a dangerous weapon. The ac? of fhe abbeiian’r seuareiv ‘Faiis uncias Secfion 326 of fhe IP‘C. Afier eppreciai'img fhe evidence avaiiabie on recard, iearned friai Cour-T has convic‘l‘eci The appeiian'i' under Sec‘rion 307 of “rhe I.,P.Ci and senfenceci him i0 undergo RI. for six years, bu? i'i‘ has mi coosidered ’rhe r idkéumsmnces and 'r'he case of singie oiow. 18. In View of ihe foregoing reasons, Tire appeai is oar-“Hy ajiowed. Convic‘iion of firm agapeilon? under Seo'iion 307 of fine I.P.C. is se‘i-osicie and he is acqui'r‘ieci of i‘i7e said charge instead Thereof-g he is convic’ied under Seé’fi'on 32o of ‘ihe I.P.C. and‘ semenced fo undergo RI. for fhree years. He shaii be enfi'iied' for se‘i off for ihe oeriod aiready undergone by him. T. P. Sharma '5 Judge‘