3^'^TFTT^T, ^Tfl<14Ko, f^^l^y W^T ^^-.C^ft...CAQ-.^.|..&.......-,^ 2001 3n^?r XI^F (<ic<^i<s<^) ^n^r^ R-ficb '(CT3?iR^r sb^llcb 4. c 'c ^nw^fen^n^ APPELLANT: -Versu RESPONDENT: (Crmuiial Appeal under S D.B.: - Hon*ble Slirl L.C. Bhadc Hon»bleShri SunU Kum 31-17-200'7:- Shri SachmSingh Rajput,[ Shri Satish Gupta, Dep4ty respondent Oraljudgment dictated oia[ L.C. BHADOO. J. This appeal is directed and order of sentence dated 8| Sessions Judge, Baikunfhpur, E) whereby leamed Additional accused/appeUaat guilty for co^ 302 6f the I.P.C., for committmj chi^i<rt<flri HW^S ^f fs^l <F3t*${< '^^fRpT^Ti^T |s- Aniarsai, S/o Gaagaram Cherwa, Aged 20 years, R/o ViUage Kurthi, P.S. Sonhat, Tehsfl Soiihat, Distri.et Koriya (Chhattisgarh) State of Chhatdsgarh, Through PoUce Station Sonhat, District Koriya (Chhattisgarh) ^ction 374 (2) ofthe Cr.P.C.) lo 85 |»Siirfm, JJ. counsel for fhe appeUant Govt. Advocate for the State/ Dais. a|gainst tfae judginent of conviction 1-2001 passed by fhe Additional ^istrict Korya, in S.T. No.216/2000 S^ssions Judge after holdiag fhe oiamission of offence under Section ^ the laiirder of Baljeet, sentenced GRPR 3^'^I^W^^ ^Tfl^J1<o, f^^l^y ^Wv\\ *N|cb -^ 200 3TT^T X^ra? (yil^q^) 37T^T,'^T (<<licb WT^n^T 5t»^i<=n c c <' ^RHW^n^i^ff him to undergo imprisonment ia default ofpaynient offine to f<|>r life & to pay a fine of Rs72CM3/-, f^urfher undergo R.I. for one mionfh. prosecut^on^ The case of the Baljeet (siace deceased) had Patta bonus, as he could not to his viUage, on fhe way, Ainar Sai also xnet hioi, tihierej togefher. In the aftemoon, Thereafter, fhey started joiimey| four, Baljeet was foUowiag hu|a, Singaro Bai were walking. Afke^ Murgipaai Mountaia Road, fhe with Farsi on the back side ofhijs down and died mstantaaeousN towards Laxmaaiya aad Smgaro| to escape. They went to the him. PW-1 Maiibodh, nephew Ramgarh to receive Teudu Patta proceeduig for his vfllage, on ti|ie Baljeet was lying, fhere was ipjuty wifh soine persons stayed near f|ie poUce station Sonhat inerg io.tim^.tioE that, inerg No.6/2000 was regisljered for scene ofoccurrence, after givjmg prepared inquest Ex.P/3 on ^ut^on, in bnef, is fhat on 4-4-2000 go|ae to Ramgarh for takiag Tendu ge{t Tendu Patta bonus, he returaed Laxa|iiardya, Singaro Bai aad accused |Tore, all fhe four were retuming fh^y prepared nieal aad consunied. Amar Sai was ahead of all the chi^t<n<l1Ti "^^ ^ 'fe^t Tf^$R '^'3tRR3?n^T holuse |a, after Baljeet, Laxniaaiya and ^ ^ coveiiag certam distance^do. fhe iccused attacked deceased Baljeet head, as a result ofwhich he feU Thereafter, fhe accused went [ Bai, but somehow fhey werc able of Gorelal Patel aad mformed i|)fthe deceased, had also gone to ]3onus. At about 4 p.ia. he started way, he saw that fhe body of on fhe head, fherefore, he along body. Next day nionung, in the L^tion Ex.P/1 was given. Based on 1. The mvestigatuig officer left notice Ex.P/2 to fhe Panchas, body of fhe deceased, The tbe GRPRJ— 7S3( ^l^lc'-)^, ^TQ'H41(o, (s{<7i)iy^< ^Hdl **4Jcb -^200 an^nraq? (rt^?) ^n^r^T'Rpri^ ^T^n^r sb^jch r* ^<wi^R <yf^a 3Tl^T Gr»j<<(<vt<ilti ^i^<yil* ^f 1^1 ^^K '^'^tfWW^T investigating officer took into jpossession plam soU and blcx>d staiaed sofl fix>Di fhe place ofoc|currence under Ex.P/4. Whfle ui fhe police custody, fhe accu|sed gave meinoraadum Ex.P/5 regarding fhe place where he pursuaace of fhat he got recove ^ept Farsi, weapon of oflfence, in "ed Farsi under Ex.P/6. Site plan Ex.P/9 was prepared by Halka yatwari. The body of fhe deceased was sent for post-mortem exam(mation to fhe Community Healfh .0 where Dr. P.S. Kurre (PW-8) (he body of fhe deceased, prepared jd opmed fhat cause of deafh was jdue to heavy blow wifh hard and Centre, Sonliat iiader Ex.P/1 conducted fhe post-mortem on post-mortem report Ex.P/11 ac excessive haeiuiorrhage caused sharp cutting edged weapon le^dmg to cardio-rcspiratoiy arrest Injiaries were aate inortein io. nature. After completion offhe i^ agsdnst fhe accused ia fhe C\ nature. Deafh was hoimcidal m ^vestigation, charge sheet was fUed )urt of Chief Judicial Magistrate, Baikuiifhpur, who ia tura co^axnitted fhe case to fhe Sessions Judge, Surguja from where l^amed Additional Sessions Judge received fhe case on transfer fo^ The prosecution ia orderj accused exariuned 9 witaesse^ recorded under Section 313 c| material appearing against himj trial, to establish the charge agaiast the Statement of fhe accused was { ihe Cr.P.C. iti which he denied in the prosecution evidence. GRPRJ - XI-HC—78 3^'^TPTI^T, ^TTl'y^Ko, is)<7»W^< <41^1dl ^hW^h ^TT^r^T f^rli.ch ^SH ^TT^T 5h^i<=h k* "^ 200 3H^?T ira^ (4<s<f^<^) ^^TTW^rf^T 3??T^?r Learaed Additional of learaed counsel for sentenced titie accused as obs^f<n41vi ^H<riT "^f f^st <P»i<^i< ^T'3?tf?m'3^T ^essions Judge after hearfag arguments ]the respective pardes, convicted and ^foreiDientioned. We have heard Sh^i Sachia Singh Rajput, counsel for fhe appeUaat and Shri Satislji Gupta, Depuly Govt. Adyocate for fhe State/respondent. leam^d At fhe outset/ not disputed honiicidal ^ Laxmaniya, wife of fhe ac^ that at fhe time of fhe deceased Baljeet were accused attacked flie head. Ocular evidence oll the medical evidence of D| who has stated fhat postmortem on fhe bodyj uijunes:- (1) counsel for the accused/appeUaat has |eafh of the deceased. Moreover, PW-2 ^used aad PW-3 Siiigaro Bai have stated ^acident they along wifh Amar Sai aad ^tiiraio.g to fheir viUage, on fhe way, wifh Farsi on the back side of fhe fhese trero witnesses is corroborated by l|r. P.S. Kurre (PW-8), Assistant Surgeon, 6-4-2000 at 4 p.m. he conducted of the deceased, he noticed foUowing rfct dec^ased od Incised woiind o^t fhe lefit ear at a distance of 1" extendiag up to 4y on fhcj back side, clotted blood was present, edges were rcgul^r, xauscles and vessels were cut, injiuy was in. the size o^5 x 1 x la?; XI-8C—78 3:5:£T?3TT^n^5?T, ^Tfl^ll<S, (st^l'lrl^ NINdl sbNleb "^ 200 3n^r^T^[ch ^T^rr 'STI^T ^RW ^. ^: ^. 3?l^?F '<?5^R (<jG(^<s((ysT) '^TTW^f^T ^TI^T (ii) Incised wound W present, parietal was ia fhe size of9 Deafh was hoinicidal sharp and hard object. excessive haeniorrhage. medical evidence, it is esta^Ushed homicidal ia nature. |above injuiy No, (i), clotted blood was bjone wifhia mjury was Jfcactured which x 1 x r. Thfcrefore, As far as compUcity o| question is conceraed, PW-p categoricaUy stated that Siagaro Bai, aU four of fhen{i way, fhey cooked meal started for fheir vUlage, deceased wifh Farsi on thel which he fell down, Thereafter, the accused attack her but Singaro Bo^ fhrew stone towards Suigan|> Bai. Thereafter, the mforaaed Gorelal. The evidence of PW-3 Suigaro witaesses, defence has nol which discredit evidence accu4ed aUove chl<4fa<^Tl +<l^<?fl '^\felst ^R^R ir 3tf?R 3?n^r ia nature. Injuries were caused by Cause of death was on account of ;refore, ia view of fhe above ociilar and fhat deafh of the deceased was fhe accused/appellaiit m fhe crime ia p Laxiaaniya, wife of fhe accused, has with her husbaad, deceased and were retuming to their vfflage, on fhe consuxaed. Thereafter, fhey agaia som.e tinie, accused attacked-the back side of his head, as a result of started ooziag out of the injuiy. towards Siiigaro Bai aad he tried to held Farsi. Thereafter, fhe accused Bai, tihat was also blocked by Smgaro cHmbed fhe hill. They came and evidence is corroborated by fhe Bai. In cross-examination of fhese been able to eUcit aiiy circuinstaace jof fhese two witnesses. Moreover, shej along add After bloo|d ruslied , XI-fiC—78 3^'«ill<<|0^,^»T}iwi<o,1^<^1^^< NWdl 5b*1<<*> •^ 200 'sn^T^TR^ich ~Q^ ^ii^i ^\^ l^ 3n^?r '<?5f^ (4?<?^<^T) ^^nw^f^T ^ETI^T iiilider rep^rted his Laxmaniya, is the wife of before her to ioipUcate her of offence Farsi was seized information given by him Act. The inatter was Maabodh, nephew of the went to rcceive bonus ofT( fhe accused was not havin.sl receive. bonus, fherefore, h< However/ PW-1 Manbodh When he was retuming to of fhe deceased was tyiag Ex.P/1 ia fhe police statio^i ociilar evidence of PW-2 L| evidence is corroborated byj accused ia ffae crimie ia attacked fhe deceased witU which, two incised wounds extending up to occipital force fhat after cutting fractiired aad the deceasfe intention of fhe accused to| large. <1<flt1^l^<?fl ^fe^'^I^R ^^w^i^r fbe accused and fhere was no reason (.usbaad isi a false case. Even weapon fat fhe iastance of fhe accused on the Section 27 of the Indiaa Evidence ia fhe poUce station by PW-1 d^ceased, who along wifh fhe deceased |ndu Patta ixi viUage Ranigarh. Since coupon, therefore, he was not able to proceeded ia advaiice for the viUage. ^farted from. Ranigarh at about 4 p.ni.. vittage, on fhe way, he saw fhat body >n the way. He gave inerg iatiination Sonhat Therefore, froni fhe above Ljaxmaniya & PW-3 Smgaro Bai, fheir |fhe medical evidence, compUcily of fhe duestion is estabUshed. The accused Farsi, deadly weapon, as a result of Iwere inflicted on tfae lefit side above ear sfeion, fhe accused attacked wifh such a and veias, even skuU bone was sd died mstantaaeously. Therefore, cause deafh of fhe deceased was writ refcion, niilssels ^ .$-." .^;:!- '"•.^^.. "vs^ ^n^T^RTf^'lich TCT 3?T^T I^WOF •i" l *v..-." Barye ^' ^S^[ "ill'410^, ^Tfi'M^Ko, fs|c»')|'M^< ^ • •, *<l*<dl **11<ib """"""""""""" """""^ 200 3n^?r ^(^K (7^^^y) Vy ^<wi<8T <i(ia ^TT^T For fhe forcgoing reasi iafirmity in fhe judgment d devoid of inerit is liable to be Sd/- L.C.Bhadoo Judge <=t)l^t<n<flTl TTTR^f^ 'fe^t ipyi^K IF)'3^RfH 3TI^T ^ns, we do not find aay iUegatily or fhe trial Court, The appeal beiag ^.ismiissed aad it is hereby disinissed^ Sd/- 1 Sunil Kumar Sinha Judge i'''p ^.'i;l ••, : GRPRJ— FS/246—2/2007— 50,000.