—.; •;-—"*='.-»-£&-?&-,» c=s,dxa^S ts ^ / ll^'o'5b'006T652 &• tooi, gench (:ri^^ ly St»i..£.£j:.^&.t........ ,•••<•.»•„••„•..r^tfvoc^e Q_ 1&..A8. IN '£m HIGH GOG&T O? JUBICAT'ORB AT JABALPUR A ^.- GB< APPiEAL EIO< .1 L^| OF 1997 i 1, Bamfal son of Batoulal^aged | 29 y^ears,Agrlcalturist. / 2. Harottam son of Kaleshar, aged 4o years, Agrieulturist Both resident of village Kutra PS Pamgarh,Iahsil Janj gir ,Bistt .Bilaspur ,MP. ., ApmLiigss vs, THS STATE OF MP< (IN JA?L) < -gSSB3X^W GRIMINAL APPEAL UNDSR,^.CT_SSI 37^-(2)_ QB' TB^; G&IMINAL ^pBocaj2)I3BS_GODBs OF JU&ICATURE ^T.BILASPUR ^ Ramfai A.another - Versu^ - The Stcvt'e c'f Modhya Prade^h (How Chhrfti^garh) JUD&MENT FOR CONSIDER.ATION •^' '^ \;'-* Sd/- JU &^|E 28.2.2006 HOKBLE SHRJ-JUSTICE DHIRENDRA MISHRA Sd/- Dhirendra Mishra Judge N& PPATFPi^JUD6Mi.NT_ON_2NOJAARCH_2006 Sd/-- L.C. BhadcfO Judge /@ •'^ •^. DIVISION BENCH*; - L.C. AN& JJ. Crwijiiai No.ll?7_^fJ^97 Ranifai & another "" Versu^ - '. • The State o'f AAadhya Pradesh (No^' Chhattisgarh) Present^ - Alrs, Sovita JWQH, Advocote: Mr. U.N.S- Deo, Addl. Public Pro^ecutor ^ith Atr. M.P.S, Bhatia, Panel La^er; For the appeliants, For the State/respondent, JUD6MENT (beiivered on 2"a March, 2006) mhe foliowi.ng judgnient of the Court dciivered by £,^ >/ Ji- Accused/appeiiants narneiy Rarnfal and Narottam have preferr appeai under Section 374 (2) of the Code of Crimina! Pr^ questioning the iegaiity &-correctne!ss of the judgment of cor and order of sentence dat-ed 21-5-97 passed by learned Ad^itiona! Sessions Judge, Janjgir, District: Biiaspur, in S.T. No.326/90 w learned Additiona! Sessions Judge convicted and sentena accused/appeil.onts and other co-accused persons as' under:- ^imciioi A^^elbnt:,Ramfal U/s 302 I.P.C. for the charge of committing murder of Ramnath -\ Imprisonment for !i and fine of Rs.,.500/ m defoult S,I, months.. 3d this cedure iviction hereby ;d the •€ for 3 r ^ U/s 302 IPC for the charge of comrnitting murder of Ransai U/s 307 IPC for the charge of attempt to corrimit murder of Datcram U/s 148 IPC Appellant: Narottam U/s; 302 IPC for the charge of comrnitting murder of Romnoth U/s 302 IPC for the charge of committing murder of Ransai U/s 148 IPC Accused: Baiw^n Bai U/s 147 IPC Accused^BQbuiai, Ram Khiiai^an, Ramn<3th, Raniji, Dau, Purushottarn', Rarn Kumar, RoJ Kumar, Duiar \ U/sl48oftheI.P.C. Imprisonment for lif^. anci fine of Rs.500/-J in defoult SJ. for 3 nionths, RJ. for 7 years and fine of Rs.300/-, in default 5.1. for one month» R.,1. for 4 roonths andl fine of Rs.400/-, in default S.I. for 2 months. Impriso'nrnc^nt for iif.4 and fine of Rs.500/-, | in default 5,1. for 3 rnonths. Imprisonment for 'iif^ andfineofRs.500/", In defauit S.I. for 3 months. R.I. for 4 months and fine of. Rs.400/-, in defauJt 5.1. for two months. R.I. for 3 months an-d fine of Rs.300/-, in defauit, S.I. for one month. R.I, far 4 months and fine of Rs.400A each in defauit, SJ. for tw months each» 'VJ ^ Accused: BabulaE U/s323oftheI.P.C. for causing injuries to NirrTia!i Bai U/s 3 23/1490fthel.P.c. for co.usi'ng simpie s'njuries to Ran So,j A ccused: Ram K h i iawan, Ram nat h ,, Rani,. | i, Dau © Koieshwar, Purushottam. R.am K.^3^r^B.ajJ$um5!ijind^&yiar SJ. for 4 month^ anjd fineofRs.200/-, in | defau!t, 5.1. for onej month« SJ. for 4 months and fin@ofRs.200/-, in default, 51. for one] month. U/s 323/149 ofthe I.P.C. R.I. for4 months arj fineofRs.200/-eaci jn dofauit, S.I. for cj month each. It appears that the accused persons other thoin the appeliants have not preferred any appea!. Case of the. prosecution, in brief, is that on 5CT9-"87 deceased R d h, •ne herein an Sai/ Rom Nath, injured Datoram, NirmGii Bai and Ahiiya Bai i^ere eng^ed in the ^ork of weeding in the paddy crop of their agricuiturdl fi!ed Sevaikhar. On account of old animosity the accused persons i^ho ivere 12 in number hiding theniselvcs came on the p!Gce of occurrence armed with pharsi, axe, tabbai and !athi, they al'tacked Rarnnath and others •m-th the ^eapons of offences i,e, pharsi, axe, tabbai and laHii and committed murders of Ram Fsjath and Ran Sai. Both the hdnd^ of Dcrt'Qram werc amputed from the elbowjolnt. They causcd injuries to Nirmali Bai, Nand Kumar reported the mal-ter to the Poiice Stcrrion Jarijgir. on that S.H,0. Poiice Station Janjgir registered BI»&. Ex8"P/l and for^arded it to the PoiJcc Sta-tion Pamgarh for regJstering the case as the Jncldent in question occurred i'n the Jurisdiction of Police Station Parngarh. The Stat'iori House Officer registered F»I.K» Ex-P/2 for comniission of offences under Scctions 302, 307/ 147, 148 and 149 of the I.P.C., The Itwe^tigating Officer tefr for the piace of 4 1 occurrence, after. giving notice to the Panchas, prepared Panchbnama Ex-P/6 oif the body of Ran Sai« After giving notice, Panchanama Exnc P750 of the body of Ram Na1'h was prepared» He took into poss^ssion the pEaln soil and bto'od stajned soil from the place of occurrence under Ex"P/7, Ex"P/8 and Ex-P/10. 3. While in the poiice custody, accused Narottarn gave o rrieniorandutn Ex.- P/ll regording the piace whcre he had kept i^eapon of offence i,e. axe and in pursuance of that he got rccovered o.xe and Sando Blaniyon ynder Ex-P/12. Accused Rarnfa! gave a memorondurri Ex-P/15 regarding the pbce ^here he had kept pharsi ond in pursuancs of that hc got recovered phorsi under Ex-P/16, The baniyan of accusec! Rarnf;i! taken into possession under Ex.-P/17. The clothes of R|an Sai werc taken into possession under Ex-P/31. The clothes of dedeased RGm Ncri-'h were taken into possession under Ex-P/52, One Sari of Bai^an Bai taken into possession under Ex-P/30. The statement (Ex-P/33) of Datoram WQ.S rccorded by Tehsiidar, Janjgir. The dead body of Ram Nath for postrr?ortem examination to the &ov€rnrn€nt Hospitai, Janjgir ¥/here Dr. H. R. Thar^ani (P[W<"12) conducted the postmortem and prepared th@ postmortem repor^t Ex- P/34, He opined tha:IB of death shock due ta external and internai haemorrhage as a resuit of injury on the neck, The m^de of death homicida!. Thc body of Ran Sai y^as also sent f^r the under ortem postmorterrs exarnination to the G'overnment Hospltai, Janjgir .Ex-P/40 ^here Dr, U C. Sharma (PW-15) conducted the postmj. and prepared the postmortem report Ex-P/4-1. H€opincd that catjse of death shock and ha€morrha9eas a result of various in^juries on his body, Injured Datararo WQS sent to the Assistant Sur-geon, Government Hospital, Janjgir undcr Ex-P/42. Dr. U,C. Sharma exaryiined D^tcrGm and gave injury report Ex.-P/43. H€opined that.injuries i^ere gr m rmture an.d coused by hard and sharp objcct. evous -^> 4. The site plan (Ex""P/38) of the .place of occurrence was prepa| "- "< led by Pat^ari. The recovered articies i.e< Tangia and Pharsi ^ere.s^nt for the doctor^ opinion as to i^hether injuries on the body of Rar^i Nath could be cau^ed by Pharsi and Tangia in que^tion. The doctor g^ive hi^ opinion (Ex-P/36 & Ex-P/37) thcrl' the injuries found on the b^dy' of Roirn Nath cou!d be caused by' the sanie^ Thc recovered articie^ ^ere sent for the chemicai examination to the Foren^ic Science Labotatory, Sagar from where report^ ExwP/57, Ex-P/58 and Ex-P/59 received. 5. Aft'er cornpietion of the investigation, charge sheet was fiied 09^! accused persons for commission of offences under Sections 141 302/149 and 307 of the I.P.C. in the Court of Judicia! Magistr<| Ciass, Janjgir who m turn conimitted the case to the Sessians Biiaspur from wherc karned Additionai Sessions Judge, ^ rcceived the on transfer for trial. Alt the 12 accused pisrsons were tried for the above offenccs before karned Additiona! S^ssions Judge, Jo,rygir\ 6, The prasecutjon in orcler to establigh the charge against the a^cused persons examincd 17 ^itnesses. Statenients of the accused p^rsons were recorded under Section 313 of the Cr\P.C. m which they ^jenied the prosecution evidence appearing against them and pbaded imo^cence. Learned Additionai Sessions Judge after hearing arguiiieni's of Aclditional Public Prosecutor and counse! for the accused p^rsons convicted and sentenced the appeEEants and other accu^ed pers^ns as mentioned in para-1 ofthisjudgment. 7, We have heard learned counsel for the parties. werte |mst i2 f, 148, ^te, 1st {Tudge, lanjgir 8, The hornlcidaE deaths af Ram Nath and Ran Sai and irijuries sus^' by Dd'aram are not in dispute. 9, As far 'as involvenient of the accused/appeiiants in committing mi^rders of Rarn Ncrt-h and Ran Sai and a"tNt€rriptingto commit murder of Darraram 6 is concerned, the crime in question wo.s. w^ne^ed by PW~4 D^'aram < injured witness, PW-5 Nirsrsala Boi, and PW-6 Ahiiya Bai. The rnatt reported by PW-3 Nand Kumar who has stcrted that on 5-9-87 hj to his agrlcuStural fieid of Narovakhar" for the.purpose of irr where Rcymati Bai informed him that your fathe?^ urscie and h have been rrsurdercd on yvhich he came to the residence Kosamdeen. informed that your father and uncle have been mui and your brother is aiive« 12 persons (Babulai & others) have com rpurders of your uncle and fat'her. He cailed the Kotwar and the poEice sta-tion Jarygir and Sodged the repo-rt Ex-P/1. 10»Learned counse! for the accu^ed/appeElants argued thar in this ^ase no independent ^itness has been @xamined< Al! the eye^itnesses are reEoted and interested i^itnesses, therefore, reiiance cannot be placed on thelr evidence. 11. The settled iow on the point is thot evidence of eyevi/itness CQt|inot be discarded rnerely on the ground thcrl" the i^itnes^es are rela'i' ves of complainant party but evidence of such ^itncsses shouid be scr^tinized carefuliy' in order to find out that there should not be an|/ faise JnnpiicaNon, If the evidence of such reiated i^itn^sses stood uj^ to the test, in^pires confidence and is i^orth reliance, then sanie. ^h^uld be beSieved and conviction can be based on such evidence. PW-4 QcrraraiTi is Injured ^'itnes's ^'hose both the hands were arnputed. He has stated th.at on the fotefui day-he, his uncle and fcrt'her wcnt for the turpose of weedmg m the paddy crop. Hiss wife Ahilya Bai and aunt Nlr^aii Bai reached the field En advance^ When they were engaged in the ^ork of weedmg in the paddy crop, o.ccused nameiy Babuiai, Ram K^iiai^an, Rarnfai, Rarn Nath, Raniji/ wlfe of Babulal Baiyy'an Bai, Dau and his 5 son^ namely Narottam, Purushottatn, Ram Kurnar/Rcy Kumar, Ra^i DuEar carpe in a circle, surrounded them and started assauiting th^ er ^as went gation 'other ^nere hdcred l^itted ent to n. His 1 father Ran Sai and uncie Ram hMh y^ere iTiurdered. Thcreafteij he wos attacked, . The accused persons were armed yvith Lathi, Tabbai and axe. 7 l^ »»£«. His unc!e Psam Nath's neck was cut and his fathei-'s both'hands (A^ere amputed i^ith a Tabbai by accused Ramfai. Accused Narottam alTaciked on the head of his father with axe and accused Ramfa! arnputed his both hands ^ith the Tabbal. Blood started oozing.out of the injuries. The accused persons were havino old animoiSity against theni as sorpe crirnEnaE case was aiready going cn against th©accused in connection wnh beating them. One case undcr Section 107 of the Cr.P.C. ^asial^o pending ot Parngarh. PW-5 Nlrm.Qla Bal who aiso present In the fieid has stated th'at .cri' about 10 a.in. accused Narottam armed with axe, Ramfai armed ^ith phorsi, rcmaining Gccus^d persons armed wlth iathi came and surrounded them. First of a!!, Narottam assaulted R.an Sai ^ith axe and Ramfai assaulted ^ith pharsl as a result of i^hich Ran Sai fei! down, Other accused persons attacked him ^ith lathi. Thereafter, Ramfa! attacked with Pharsi and they started attacking Datarani. Narottam came and he again assaulted i^ith axe and Ramfa! amputed both the hands ^ith Pharsi, She aiso su^tained injuries and tha1' was examined by the doctor in Janjgir Hospitai, Thi^ witness has ^tatcd thcr!" the persons wha were ^orkitig across the canai in the agriculturai fieid djd not come and the persons wha were workmg in the agri.cuitura! fieid wer'e -asked to go ai>yay. PW-6 Ahilya Bal has al^o corroborated the abovc evidence and stated thcrt' Ramfal and Narottam a'iatack€d with Tabbal and axe, The evidence of above 3 -^itnesses stands corroborated by the medicai evidence of PWK°12 Dr, H, R, Tharwanl. He has stated that he conducted the postmorteni on the dead body of Ram Nath on 6-9-87 and he found thcrt" there was incised ^ound in the size of l0"x4"x3" on thc back side of neck and above thyroid cartibge, It semiiunar in shape. Ali structures were cut ilke vertcbra from 2 to 5 cervicai vertebro. were cut» Carotid arteries and jugular veins were cut. Trachea and Larynx were cu1\ The Oesophagus wae cut« Neck WGS o:ttached to body only by a srpali psece of skin. Cbtted bbo|d wos present. There was inci^ed wound En the pf 5"xl/2"xl/2" sEtpjt-ed around anus. There was fracture of 2 Coccyxea! bone and cbtted blood wo^ preserrL There was incised womd m the size of 5^2^x2" situd'ed on right side of right knee joint and there wa^ fracti^re of media! condyie of right femur. There cut niark situated in 'side of right tibia Cbtted blood was present. A!i the injuries ante-mort^n'i in noture. 13. Dr. U, C. Sharma (PWml5) i^ho conducted the postmortem on th^ body of Ran Sai and as per the report foilo^ing Injuries have found: (A) Incised wound on right elbo^? posterolat'^ra! in the size of 1 cm xS cm x4 cm. Margins ^ere cut. Muscles ^/ere cut an< iacerotcd, Ai! bones at eibovi/ Joint i^ere cut. Ali arterles, nerve^ vcins were cut and iimb was hanging ^ith support of skin and siigh| rnuscle, Oozing of dark !iquid biood stiil present. Bones were cu^. Muscies were cut. Deep staining of edges of ^ounds were presenl (B) Incised wound on left eibo^ in the size of 15 cm x 10 cni x cm posteroiateral. Muscies i^vere cut and iacerated. Liqyid dar biood was oozing. Ai! vessels i^ere deep cut, Limb was hanginti i^ith support of skin and siight rnuscle^. Ai! bones ^ere cut at th| eiboi^ level (C) Incised ^ound in the size of 9 cm x 1 crn x 2 cm on leilt" forearm post€rsioriyjustbeAow. (D) Incised i^ound in the size of5 cm x3 cm x2 cm on righ' forearm posterior aspect. Muscles i¥er€cut. Bones ^ere visibj just beiow Injury (A). (E) Incised ^ound cn right knee posterior aspect in the size of cm x 4 crn x 3 crn. Muscieswere cut. Femur bone at !o^er eny was cut. Deep staining of edges .of ^ounds were present. ;r!'erai were been 9 'v, (F) Qne contusion in the size of 11 crn x 2>5 cm was present on ieft supra scapular regicn and right side infra scapuiar region in the size of 10 cm x 2.5 cm ^hich dark bluish biack m cobur. (&) One contu^ion in the size of 10 cm x 2«5 cm i^as present on right of chest anterior ^hicSi was biuish blQck In coiour, (H) One diffused contusion was present on right sicie of face | whichwo^ biuish black in coiour, As per Dr, U, C. Sharma's evidence ir^jured Dcrt'aram received the foiiowing injuries:- .(1) Incised ^ound in the size of 15 cm x8cm x3 cm on iefr eibo^ posteroia'j'erai and anterior a!so, Biood wa^ oozing, Lcft" hurnerus ^as cut compietely at the iower ^nd, Muscles ^ere dsvided. There was bteeding frorp muscles and smali veins. (2) Incised wound 3 in number from beio^ upward right eiboyi/ posterolatera! surface:- (a) 4 cm x 2 cm x 2 cm present on right forearm posterjorly near elbow, Musc!es were cut and oozing bioocl wa^ present. (b) 11 crn x 3 crn x 2 cm just above (a). Muscles. were cut. Oozing bloo'd was present and bones were visible. (c) 7 cm xlcm xl crn on rlght eibow Just above (b), Both forearms' bones were cut compietely right side. Right hunierus was cut compietely. The irijuries were grievous and caused by hard and sharp ^eapon, Even the wfeapon of offence i.e. Phar^i recovered, based onjthe memorandum, at the instance of accused Ramfa!, axe ^as recovered, bas-ed on the nicroorandym, at the instance of accused Narottarrr and same were found stained ^ith blood. Even cbthes of the accused persons were found stained ^lth biood and as per reports of F,S.L, Ex-P/57, Ex-P/58 and Ex P/59 human biood ww present on tjhese 10 .<-€) :b Barve 11 artlcles. As the evidence of injured eyewitness corrobord'ed by medicai evidence., i^eapons.of offences i^ere recovered at the Instance of the accused persons, and ciothes of the accused person^ were stained i^Eth human biood, therefore, evidence of eye^itnesse^ inspire confidence of thc Court and invo!vern©ntof the accused/appeliants in crime in question EB estabiished by any shadoi^ of doubt. ! 14. The accused/appeliants committed murders of Ram Nath and Ran Sai brutoiiy. It has corne in the evidence thcrt' crimina! case was |already pending beti^een the parties and an attempt i^as made" to compromise the inal'ter, but same could not be ^ettled, therefore, on accountt" ocf oid o.nimosity when the matter couid not b@ compromisej, the accused/appeEEants attacked the deceased persons and injured iper^on, therefore, rnotive Es aiso estab!ished. 15. For the foregoing reasons, convictlon is based on !ega! c|iinching evidence and we do not find any iliegality and infirmity in the judgnient ofthe trial Court. 16, In the result, the appeal faiis and is disrnissed. Sd/.. L.C. Bhadoo Judge Sd/- Dhirendra ^ishra Judg^