mw,m,i§w 9 WW§WW WWW anfmm HIGH COURT OF CHEATTISGARH BILASPUE EM. N0. 3209 OF 1999 ’ W m 0Ya3207/771n W Wm (W) APPELLANT Peshiram, S/ o Mukundsingh Gond, Aged 35 yeaxs, R/o Village Ranjna, P.S. Pali, District Bilaspm‘ (M.P.) Vanus State of Madhya Pmdesh, Through Police Station - Pali, District Bilaspur. REBPOHDENT Pmsent Mr. Dashmth Gup ta, counscl for the accused]appennnt r Mr. D.K. Gwalm, Additional Publm' Prosecutor for the State] mspondent. ORAL JUDGMENT (18‘1” June 2007 Pu LC. Bhadoo, J This appeal is dimcted against ihc judgment of conviciion and order of sontenoe dated 3rd August 1999 passed by learned Sessions Judge, Bilaspur in S.T.No.3”~ 1/98 whexeby learned Sessions Judge after holding the accused/a pellant guilty for commission of the odence under Sec1ion 302 of e IPC, for committing the mmder of his Wife Shukwara Bai, semen him to undergo imprisonment for life \ \ \ £ ) \ XI—HC—78 W 3am, may, {541 xx{ f/777M 40L and to pay a &1e of Rs.3,000/ -, undergo RJ. for one year. 2. Case of the prosecution, report (Ex.P/ 1) in the Police S evening at about 6.00 p.m. I Shukwam Bai, wife of Peshiran attacked, hr‘aring the screams in dmult of payment ofme to mrther Lnbn‘ef, isthat PW—l Firtummlodgcd a tau'on Pali to ttw em that yesteniay m was at his msidence, at that u'me 1 raised crics saying that she has been he went them running and saw that ( k accused Peshiram had Wu away leaving spade. On enquiry Shukwala l has attacked her with spade causing 1d tempoml reg'on, as a result ofwhich ed with blood. The villagers came and Bai informed that her husbam glievous injuries on her head a1 she was lying on the cot dmnct when they were taking her to night she succumbed to the RS. Pali, registered the crime er Section 302 of the IPC and left for the scene of occunence. The accused, while in police custody gave memorandum (Ex.P/ 2), in p uance of that the weapon of oh'ence spade was seized under Ex. f3. One half sando baniyan of the accused was taken into p Plain and bloodstained soil was taken into possession nom the place of occunence under EXP/S. est (EXP/7) on the body of Shukwara Bai Was prepared by the siigan'ng amoer atter giving notice (EXP/8} to the Panchas. D body of Shukwara Bai was sent for postmortem examination to Primary Health Center, Pali under EXP/9 where Dr. Pradeep Ayawal conducted postmortem and prepared, the postmortem report Ex.P/ 15. He opined that cause of death is shock, as a resuffot assauif’over Iace and neEd‘En’a me death was hé'micidal hospital at about 11.00 p.m. in the uries. Receiving this report S.H.0., d ssion under EXP/4. e ' j o I u ' e e mm (W) imam-[m ‘ 381mm mmgfaanéw 2 WW wm %3?fdqa11é¥r in natule. Site plan Ex.P/11 w sent for chemical examination . Where mport Ex.P/ 13 was leceiv 3. Aftsr compleh'on of invest the accused] appellant in the Co Katghom. who in turn commitk Judge, Bilaspur where prosecu' against the accused examined 7 was recorded under Sect'on 313 onvaccount of the fact that his Wife with spade and committed the murder. pmpamd. The seized articles were F.S.L. Sagar under Ex.P/ 12 Eom d. gah'on charge sheet was Eed against urt of Judicial Mag'sttate Fimt Class, d the case to the Court of Sessions ion in order to establish the chaige witnesses. Statement of the accused of the Cr.P.C. in which he stated that mind was distmbed,’ he attacked his 4. Learned $essions Judge, aiter heating counsel for the respective parties convicted and sentenced the aforementioned. accused] appellant as 5. We have heaid Mr. Dashmth Gupta, counsel appearing on behalf of the accused/appellant and Mr. D.K.Gwalw, Addin'onal Public Pmsccutor for the State] respondent. 6. , Mr. Gupta, has not disputed the homicidal death of Shukwara Bai. Moreover, Dr. Pradeep ‘ conducted postmortem on the ody of deceased Shukwara Bai on 7th May 1998 and found the foll al (PW-7), has stated that he mjurlbs: - over right mala prominence just 907/97 —-50~000- lateral to the eye ball, vertically placed 4 c.m. x 1.5 o ' “ XI-HC—78 WW, §?i E1 E, W3? Wmg270 #2.; WL w @ Mmm ammwiab‘ WWW q mm‘iwm aaammm c.m. x bone deep, underlying tissues were ecymosed, nactme of maxitla and zyagoman'e pmcesses were there; 3n tempera-parietal mg‘on right side of the scalp, parallel with comnal suture, 5 c.m. x 1 c.m. x bone (ii) - lacerated wound deep, underlying subcutaneous haemotoma mow on the left tempem-pan‘etal region and left occipital mg'on of the scalp was piesent, linear nactme 15 c.m. :n length pamllel to comnal suture 4r c.m. on the left side and 11 c.m. on the right side of the mid line; 0n internal examination 1. Fracture of both suture, 15 c.m. in l ‘2’. Meninges was con pmssnt. 3. Subcutaneous ech of the chest. 4. Pcricaxdjnm was ec 5. Brain was conges and spleen were h The injuries mentioned a] caused by bani and blunt objec was shock as a result of assauli 5 ' tal bones, parallel to the coronal ested. Sub dulal haemotoma was osis was present on the upper part OSIS. Lungs were pale, respiratory conl . aove were over face and head were t. In his opinion the cause of death : over face and head, death occuned within 12 hours to 24 homs pn'oir to the date and n'me of performance \\of\post moxtem and it was homicidal in nature. Therefore, in view of I Wm (W) p e h t . y XI—HC—78 M32../?7w 4w Bai was homicidal in nature. 7. As far as involvement of the accused/appcllant in crime in qucsh'on is concerned, conviciio of the accused/appellant tests on the oral dying declaration made n y deceased Shukwara Bai befom PW- 1 Firturam, who has stated the at the relevant time he was at his residence andlat the time of ' ident accused, his wiE and a m yeaxs old child were present at t'h house of the accused. He heald the screams of Shukwara Bai, there 1e, he rushed towaxds the house of the accused and saw that S injmed condition, them were inuries over her head and blood was ixed h‘om Shukwam Bai, on which araBaiwaslyingonacotinan oozing out of the injury. He e teful day after the incident called him and other villagers, hen they reached on the spot, saw that Shukwara Bai was lying n a cot. Similar is the evidence of PW-4 Manindra Kumar Rahu, who also stated that Firturam informed him about the incident. refore, in view of the above evidence, presence of Fittumm (PW- 1) t the place of occurrence is estah Iished, who has stated that deceased hukwaia Bai made oral dying de clamtion before him to the ed‘ect that %er husband has attacked her tivith spade. Consequently, the oral h i! n . u XI—HC—78 , ,mmm x‘ am m stands establishsd. Momovcr, under Secu'on 313 of the Cr.P.C. with spade as his mind was dis mcord bv the defence to show was suEering mm unsoundness manner. The defence has also cross—examining the prosecuh'on Therefore, involvement of the accused in the cn'me in quesu'on is do not dnd any illegality or ’ l' 'ty established and to that edect, we in the impugned judgment of the 8. statement of accused that he at1 mind was distufbed and the fac show that accused attacked the her death, the oh'ence against t] beyond Section 304-11 of the IPC. 9. On the other hand, learn judgment of the trial Court. In older to appmciate t] counsel for the accused] appellan Dr. Pradeep Agawal (PW-7), w lacerated wounds on the face a1 and parietal hone were hactum A_ 10. r e accused himself in his statement has stated that he attacked his wife ( é 4 t ed, but nopng has been bmught on 1; t at memcident the accused of mind or he was distuxbed in anv not been able to prove this point by witnesses or the investigating omcer. Learned counsel for the appellant argued that in View of the acked his wife Shukwala Bai as his t that them is nothing on Iecord to deceased with an intention to cause 1e accused] appellant does not travel ed counsel for the State supported 1e argument advanced by learned t we have serutinized the evidence of ho has stated that there wem two 1d head of the deceased, skull bone l. He has further stated that death ltn'al Court. ' WW,W,W m m.gL.7/%?W