HIGH COURT OF CHHATTISGARH : BILASPUR DIVISION BENCH: HON'BLE SHRI T.P.SHARMAAND HON'BLE SHRI R.L.JHANWAR, JJ. Criminat Appeal No. 638/2006 APPELLANT (in jail) RESPONDENT Suresh Yadav @ Guddu, S/o Bhagwati Yadav, aged 22 years, resident of Devbaloda, Police Station G.R.P. Charoda, District Durg. VERSUS The State of Chhattisgarh, Through Police Station Old Bhilai, Dist. Durg (C.G.) CRIMINAL APPEAL UNDERSECTIQN 374 (2) OF THE CRIMINAL PROCEDURE CODE Appearance: Shri AshokVerma, counsel for the appellant. Shri Arun Sao, Government Advocate for the State. ORAL JUDGIViENT (Passed on 03.09.2010) PerT.P.Sharma, J. The chaltenge in this appeal is to the judgment of Gonviction and order of sentence dated 15.06.2004 passed in S.T.No.05/2004 by the 9th Additional Sessions Judge (F.T.C.), Durg, whereby and whereunder after holding the appellant guilty for commission of culpable homicide amounting to murder of Gayatri Sahu by pointed knife, the Court below convicting the appellant under Section 302 of the I.P.C., 25 & 27 of the Arms Act senteneed them to life imprisonment with fine of Rs.1000/-, to undergo R.l. for two years under Section 25 and 5 years under Section 27 of the Arms Act with fine of Rs.500/- on each count and in default of fine, to undergo R.l. for two years under Section 302 of the I.P.C. and to undergo R.l. for one yearunder Sections 25 & 27 of the Arms Act.. 2. The conviction is impugned on the ground that without iota of evidence, the Court below has convicted and sentenced the appellant and thereby committed illegality. ,^di»i:w., ~K- '\ F'-S.. "\ :^(fe^fe J ^"-^ "^^i^^-:; 3. As per the case of the prosecution, the present appellant was having love affair with Gayatri Sahu (since deceased). On fateful day i.e. 10.11.2003 at 05.10 p.m. the appellant saw Gayatri Sahu talking with another boy and enraged by thisthe appellant repeatedly caused injuries to Gayatri Sahu by pointed knife. P.W.1 Basant Sahu heard the noise made by Gayatri Sahu and come out of his house and saw the accused was causing injuries to Gayatri Sahu. Upon -seeing Basant Sahu, the accused immediately fled Gayatri Sahu fell down. While P.W.1 was trying to take her hospital, she died on way. P.W.3 Rameshwar Prasad Sahu lodged the F.1.R. vide Ex.P.1 and also recorded merg vide Ex.P.2. Investigating Officer left the scene of occurrence and after summoning the witnesses vide Ex.P.3, inquest over the dead body was prepared vide Ex.P.4. Dead body was sent for aUtopsy to District Hospital, Durg vide Ex.P.11 where P.W.10 Dr. P. Akhtar conducted autopsy vide Ex.P.21(A) and found the following injuries: 1. Stab wound on the left side of chest over 8 inter-costal space of2x 3 x 3 cm. Left lower lung was also found cut and its size is2x3x3Cm. 2. 3. 4. 5. 6. 7. 8. Stab wound over left chest over 6 inter-costal space.size is 2x2 cm. upto thoraciccavity deep. Left Ipwer lung was also found cut.size 3x2x2 cm. Stab injury over 4 inter-costalspace of 2 x 2 cm. x thoracic cavity deep injury. The lung of left side was found cut and its size is2 x 3 crri. Stab wound over back of chest on left side along mid-scapular line opposite 10 inter-costal area of 2X2 cm. x thoracic cavity deep and penetrating the left lower lobe post surface of size 2x2x3 cm. Stab injury on epigastric region of size 2 x 3 cm. upto abdominal cavity and penetrating the body of stomach anterior surface of size 3x2 em. Stab injury over supra-pubic region on mid line size 2 x2 cm x uptoabdominalcavity going obliquely on right side comprising of right uterine ligaments and haematoma of size 6x6 cm. Stab injury on left side of umbilicus of 2 x 2 cm. communicating tQ abdominal cavity and perforating the colon ofsize 3x2 cm. Stab wound on left side chest of 8 inter-costal space along anterior axillary line 2x2 cm. communicating to thoracic Sf Nt: III (' •^-y cavity going oblique on right side, perforating the left lobe of liver anterior surface 3x2x3 cm. 9. Incised wound on left slde ileac crest of 1 x 1 cm. bony deep. 10. Incised wound on left ileac region, muscle deep size 2x 1 x % cm. 11. Incised wound on skin deep of left forearm and its size is 4 x 1/2X1/2cm. 12. Ineised wound on left buttoek measuring 2x2 x 2 cm deep. Blood was found on the thoracic and abdominal cavity. 4 penetrating injuries were foundover left lung. Cause of death was shock as a result of multiple stab injuries. The appellant was taken into cystody on 11.11.2003. He made disclosure statement of knife and blood stained cloths vide Ex.P.6. Blood stained cloths and knife were recovered at the instance of the appellant vide Ex.P.7. Bloodstained cloths of the deceased were seized vide Ex.P.8. Spot map was prepared vide Ex.P.9. Kotwari also prepared spot map vide Ex.P.5. Blood stained soil and plain soil were also seized from the spot vide Ex.P.10. Seized articles were sent for examinations to F.S.L. vide Ex.P.15 and presence of bloodwas confirmed on the knife and cloths seized from the appellant vide Ex. P.20. 4. Statements of witnesses were recorded under Section161 of the Cr.P.C. After completion of investigation, charge sheet was filed before the Additional J.M.F.C. who in turncommitted the case to the learned Sessions Judge, Durg. The learned Additional Sessions Judge received the case on transfer for trial. 5. In order to appreciate thp guilt of the appellants the prosecution examined as many as 10 witnesses. Accused person was also examined under Section 313 of the Cr.P.C. where he denied the circumstances appearing against him and pleaded his false implication and innocence. 6. After affording an opportunity of hearing to the parties, the learned Additional Sessions Judge convicted and sentenced the appellant as aforementioned. ^'i^ fc:..'^^'. 1 '•^iftt^. . ;»; fa--—^- w^^^ Ki: 7. Shri Ashok Verma, learned counsel for the appellant and Shri Arun Sao, G.A. for the State are heard. Judgment impugned and record of Court below perused. 8. Learned counsel for the appellant vehemently argued that the conviction of the appellant is based on the evidence of P.W.1 Basant Kumar Sahu, which does not inspire confidence, trustworthy and is not safe to rely for conviction ofthe appellant. Except the evidence of P.W.1 Basant Kumar Sahu none of thewitnesses has supported the prosecution stpry. 9. On the other hand, learned counsel for the State submitted that the evidence of P.W.1 Basant Kumar Sahu is sufficient for drawing an inference that the appellant has committed brutal murder of Gayatri Sahu by pointed knife on accountoflove affairwith her. 10. In order to appreciate the arguments advanced by the parties, we have examined the evidence adduced on behalf of the prosecution. In the present case, homicidal death of Gayatri Sahu as a result of fatal injuries on her body has not been substantially disputed on behalf of the appellant, even otherwise established by the evidence of Dr. P. Akhtar P.W.10 and autopsy report Ex.P.21A which clearly revealed that as many as 12 injuries were found over the body including 4 penetrating injuries, two injuries on lungs, on liver and one injury found on swollen shows that the injuries found on the dead body were fatal and death was homicidal in nature. 11. As regards the complicity of the appellant in crime in question, P.W.1 Basan Kumar Sahu has categorically deposed that at the time of incident he heard the sounds of "^Ell^r ^Eiral" on 10.11.2003 at about 5.10 p.m. whereupon he came out of his from and saw that the appellant repeatedly caused injuries upon Gayatri Sahu, then the appellant saw this witness and fled from thespot. Gayatri Sahu fell down on the floor. This witness has further deposed that he wrapped up by using cloth to stop the bleeding and was taking her to hospital with the help of her uncle but on wayto hospital she died. P.W.3 Rameshwar Prasad Sahu has deposed that he had lodged the report Ex.P.1 and merg was recorded vide Ex.P.2. •.»t!'.^A ^ :.^. jl0 Defence has cross-examined in detail but has not been able elicit anything to discredit the testimony of P.W.1 Basant Kumar, whose evidence is sufficient for drawing an inference that the present appellant has caused repeated injuries by using pointed knife upon Gayatri Sahu. 12. As regards the recovery of weapon of offence at the instance of the appellant by disclosure statement is concerned, P.W.7 Vimal Kumar Verma has deposed in his statement that the appellant was taken into custody and police interrogated him. The appellant made disclosure statement of pointed knife and cloths vide Ex,P.6. The same was recovered from the appellant vide Ex.P.7. In his Gross-examination, nothing substantial question has been asked to discredit his evidence. Ex.P.7 revealed that blade ofknife is21 Vzcm., handle ofthe knife is 10 % cm. and width of knife is 2 cm. Using of more than 6" blade of knife is prohibited in public place. 13. After appreciating the evidenee available on record, learned Additional Sessions Judge has convicted and sentenced the appellant under Seetion 302 ofthe I.P.C. and 25 and 27 ofthe Arms Act. 14. Considering the size of knife and use of knife, the conviction and sentence ofthe under Section 302 ofthe I.P.C. and 25 and 27 ofthe Arms Act is sustainable under law. 15. Considering the repeated injuries found over the body of the deceased by pointed knife, the motive of the offence can be safely inferred. The Court below has rightly convicted and sentenced the appellant under Section 302 of the I.P.C. and 25 & 27 of the Arms Act. 16. On close scrutiny of the evidence.we do not find any illegality or infirmity in the impugned judgment requiring inferenee by this Court. 17. Consequently, the appeal being devoid of meritis liable to be and is hereby dismissed. ~—---—-—.^__ Sd/- T.P. Sharma Judge Sd/- R.L. Jhanwar Judge