@ HIQH CfDURT OF CHHATTIEgARH AT EILA$UR § Crimimd Appeai No.265 of 201 0 Triveni L5: O‘H‘iers A PPELLANTS: - Versus RESPQNDENT: L W ‘ Si’am of Ch haffisgar‘ h JUDQMENT FOR CONSIDERJatTiON Sdla L c BHADOO Judge 17-4 $307 { £ H‘t a HON ...._____.__..__.____..._._____..____._._ LE Ma JU‘WLCE DHERENDRA MI5HRA. ‘I Sdl- d Juge J I 7- —4~ 2007 Pd5T FOR PRONQUNCEMENT OF JUD§MENT ON/gfAAPRlL, Em)? 3di- L.c.BHADOO Judge I 7 --4~200? 7, ,. .., _ , §w§IGH £0UE‘? OF CHHATTIE£ARH‘ BHAE£HR Criminai p'gea? No.2&5 cf 2Q01 A £$RA§m ~ HGN’BLE EHQI LC. BHADOO c'é HQN'BLE 5HRI DHIRENDRA MISHRA, JJ. l' n( fkPPELLA z Triveni, 52’0 Babaram, aged 32 years. ‘Baiam/ 3/0 Heelko Urgn, age 25 year's. Har'isah Sfo {Diibhgjan/ aged 22 years. 5aor'aj Pmsad, 5ft: Chafakoo R. Qam, Aged 23 year's. Udeshr‘*am, 5/0 Umon, Aged 19 years. Rafan, 5/0 Jee‘fu, Ageé $0 year's. Nan aliw Dhaneshwar‘l 5/0 Babaram Vishwakar‘ma, Aged 23 year's. Tejcm Ram, 5/6 Somsai, Aged 22 year-s. Bandhu, 55/6 Nansai Kanwar/ Aged 36 years. AH residem‘s of ViHage: Hansdand, PS: Lakhanpur‘ Disf’r, Surgu‘ja. _h g Jodhcm Sm'fe 0f Chha‘Hisgar‘h RESPONDENT: {:éxppeai under Sec‘ribn 374 of 'fhe Cad; of Crimina§ Procedure) Drz”r ‘ ; ‘ 1 i ubEhaAh Vadav Louq War "Hne appeilamz‘s No‘i‘ 7 and 8. 5h 1 A» .‘cy E'iwar‘i, cmmsal for The apgeimaw N33 "f0 6 umfi 9. f: r it’mm M: um {mei i awyer’ f0 The EfrLrz/respanden’r Qnri Pmiluiia B 10m woumm er 'H'w oblccwr { JUE15MEN? (Delivered on l W44 Apr‘if, 2007} K2 The ‘EollcgLW‘lq Judqmem 0f The Cam”? was tieliver'ed by Li. gimcfm'r, J - 1 A ‘1) The uicczusedfappeElunfs mug wefawec§ Hm: app€t§§ qLle$1‘iar1mg legulh‘y‘ and wrr'ekmaég 13f We jw§gmen+ cf C0mVim¥i0n and order of sewericea dm‘w 22* $2801 pwseri by The 1“ Addi?ional Sessiom Judge, :‘hnbikapur in 3T. " Na3qlfQ? whereby [eamed Addifional Sessiam’ Judge affe‘r‘ hwMing “Hm accus‘izdfappdiarm gUzlfy Tcr comrmwswn uf Gffema under 5achm1£ $4? 1m; d 302 Maui WM“; Secritm i4? mc fhe I.P.C., tien'Wncw each 0f THE accused ‘ ‘ n3 Lm a gt; RI. for- Twm years die. i‘o pay a fine? of R$.500/-, in defauh‘ 0f pwmw1 Gr {me To fur‘rhw undevga Q I ‘Fcr‘ memha to Lmer-gc; P I fa yaur‘s &_ m pay CE fine af R3500/3 m defauh‘ 0f paymen‘r of fine “r0 “Eur‘fher‘ undergo RI. fer 6 mom‘hs and w urtciergo impr'iwrimem‘ “For life {Ea ”m pay a fine me R§.2,CIO‘Og’w, in dafwi‘f 0f paymem' of fine f0 furweh ur’tderge RE. far 2. year" regpec'l‘ivahz. ?.) The wse of fhe pr‘ogecmion, in b1“ief, is “rim? cm 10~9-99 Kama! Kuma‘r‘ Pcmdiay (PW—'1) was #ransparfing cemen’r "Fmm Raipur‘ in Wuck bearing regis'fm‘ficn Na. M.P.—27~BX1015. When The 'rr'uck reached near" the Tum af viiiage Hansdcmd, real“ fyr‘e of ‘rhe‘ i'T‘uck waé deficd‘ed, Therefore, he fook ‘H’xe Tyre for repair ‘fo Lakhahpur: He 'refurned a? abau‘r 7’ pm. a? Jrhe Tum affer gzz‘rring The Tyre. 9 repaired, aT Tha‘r Time, Tarachcmd GupTa known TO him came There and requeSTed him ThuT sm’ne wood is kepT OLT T255: residence ThaT is To be carrieci Ta Ambikapur. ThereafT‘e‘r, he brough'r 5 pieces (3T wcod and a‘FTvcr icading The same in Truck, iefT The piace. Er. The meahTima accused Trivehi Vaclav @ L)A m J Bakxm aicng wifh 8~1Q a£sotiafes a1: vmage Hansdcmd came near his 'rruck, fhe‘y tjropped fhe wand from The Truck and said 'I'hm‘ “(hey wouid no? aliaw ‘H’Ha wwd 1L0 be car-vied. Kamal Kumar leff The place +0 mfar‘m Tamchund Gupm abauf The said incident Tamchand Gupfa me? him aicmg with Two pergons on The way gm a mo‘ior‘cycie‘, He apprised him abom“ The iricidanf. Tarachund £rup‘ia came +3 The fruck along wii‘h his 2 associa‘ies. Triveni, Baicvm and Their ii, 84-10 qssociafes giar‘ied affacking Tarachand Gum-a on his: head cmd face wh‘h La’rhi and ciub, Eeeing 141$, Kumaj Kumm” Panda); wen? To Lakhunpur ow anm‘her “mick 1'0 iodge 'H‘ie vapor“? in The Poiice Siufiam. r’i‘Fier iodging The repar‘} £w—D/1 he re‘l‘umed To his Truck. He saw ThaT Tamchcmd (Erup’ra Wag aireadiy dead. r i i A Bechu' 5%ngh, AssisTahT Eub InspecTGr‘, receiving The repmrT, iaf‘T for scehe OT accur ence arid Saw ThaT Tamchahd ErupTa was already dead. Deha‘l‘i Naiishi Ex.«P./ md wiThauT number informa‘riwn rapar‘T Ex.-P/4 were gi‘mn by Kamai Kun‘mrl. Easad (an ThaT merg. inTimaTioh E:<;.-P;’3 was wriTTen. Those dowmen’rs were hem To The Paiice STaTion Lakhanpur'. Based ch ThaT Aa‘hok Kujur‘ (PW- 10), STaTion' House Officer, regisTered FIR Ex-“PXI m‘ 11.15 p.m. He Took up The inveSTigaTicn. Aehek KLu'ur‘ czTTer‘ giving noTice To The Panchas, prepared inquegT Ba»??? an The hody OT Tarachand G'LipTa. The body OT Tamchand @Lipm was: senT fer poeTmor‘Tem examinaTinn T6 The Primary HeaiTh CenTre, Lahhanpun under Ex.-P/5~A where Dr. MH. Parrnar- ccndurfred pagTmcrTem an The body OT Tamchand GupTa, prepared posTn'iorTem repor'r Ex.~-P/5. He opined ThaT cause of deaTh cf Tarachand 6upTa was haemorrhage and shack. DeaTh wae humicidai in naTure. During The invesTigaTion, The InvesTigaTing Officer prepared siTe pian Ex.»P/5. Accused Bandhu gave memorandum Ex.- P’Xé abouT axe, in pursuance of ThuT, uT The insTance of accused Bandhu, axe was seized underrEXrPf'F. The waods 9f Tarachand GupTa whieh were dfopped from The Truck were seized under Ex.‘-P;‘8. Piain soil and bleed sTained soil wae seized under ExaPi’Q. Accused Triveni gave memaranclun’l i l l l l ExrPfg regarding LaThi, inpursuance oTThaT aT his insiance LaThi was seized i \_\\under Erwt‘z’Q. Accused Balam gave memorandum ExrPx’lG, in pursuance of \ ”rhaf, m“ his insfcmce axe: was seiwd under EXmPf’lL Accusad Harisai gave n1erno&%ar1durn EXrPXKE‘ in purSucmce cf Thai, LaThi was seized under EXrPXL‘s’. Accus$d Suraj gcive memcmndum ExrP/M, in pur§ucmce (if ”i‘nai, La’ihi was seized under Ex.~P.!'15. Accused Udeshrarii gave mamamndum Ex.—Pf16, in pursacince of Thai, Lc‘ihi was seized under Ex.u»PX1?. Accused Raia‘n gave memm'j'ancium Exx—Pg’18, in pursuance of ‘Hmf Lavihi was seized wider Ex—P/EQ. 4/ Accusald Ngn (59 Dhaneshwur gave memorandum Ex—PX20, in purs‘uance {if "that L'aihi was seizeci under Ex.~Pf2§. Accuseti Tejanram gave memamndum Ex.~Pf 2, in pursuance of Thai", Lcrihi was seizeci under Ex.u?/23. Ciofhes of f. The deseased were seized under Ex.~P/31. Beized ariieles were gen"? for F chemiclui exuminaiién To The Forensic $c§ence Lubaraiory, Sager frsm where reperi’ EKzPi’ES was received. i v u 4) After campiefion of investiga‘iian, charge shee‘r was fiied agains? The accused persoy s in 'i'he Cour? cf Judiciai Magis'rrnfe, 1” Class, Ambikapur, whu in furn commiifed ii ihe case To i'he 5essions Judge Ambikapur from where iearned 1g Adriii'iiond Sessiens Judge received ihe case on fransfer. The prasecuiion examined 10 witnesses a1“ ihe i‘rini in arder "i0 es'iabiish charge agains+ ihe accused persons. Sia‘i’emenis of she accused persons were recarried under $ec1‘ion 313 0f i‘he Cr.F‘.C. in which ihey denied nm‘ieriai appearing againsi "'rhsm in "ihe prosecu'ricn evidence. They siaied iha'r they are innoceni and have been falsely impiica’ied in ihe crime. é) Learned Addi‘iionai Sessions Judge a‘f‘i’er hearing counsei for the respeciive pariies, perusai of ‘iha record, convicted and sentenced each of The accused {.151 {VICOPZWI EYI’i‘iGiitgd 7) We have heard learned caunsei far The pariies. 9 18} 5hri Abhay Tiwari and 5hri Subhash Vadav, learned counsel for The i accused/appellan'is, have no? disputed homicidai death of deceased i Tarachand 6'up‘ia. Moreover, eyewiiness namely, Kamal Kumar Pandey (PWwi) \l\ w driver has sfa‘red fha‘l‘ accused Triveni, Balarn and Their assooim'es a‘iiacked . 'a‘§18 éeaeasied wiTh Lm‘hi cmd axe, as a resuH‘ 9f which he sucwmbed Te ‘i‘he izu'ur‘ies; 0n fhe spat The abave evidence is carrobom‘red by The meciim! avid‘amc‘e of Dr. MH Parmnr‘ (PW—5). He ha$ s'fa‘red Thai“ he condum‘ed posfmor-Tem on +he bady of Tamchand Gupfcx (m 113-99. There were 6 incised‘ wounds, 1 Incemfadwound and y bruises. Righf side and lef-f side jaw bone was fracTurad. Maxilia bone was fracfured. Th3 imjuries were am‘e (A mam‘em in na’x‘ura. The mgur'ies were sufficienf in The ordimhy sour-3e m‘ hm'ure ‘x‘a caus’e deafh. Cauge of de‘a'm was due fs axawgive bieadmg cm acwua cf fhe mwmes and shad Deafh WM higmamda? m hafurw Th ‘ ~ we, i'm viaw vf the abova whiama, i’r i$ asmbiished fhaf demh J” :2; .C aeceaSed 1 ?amch‘m ~ Cmpm wa‘s hgmicidai m mmhe. A ’3) :4M fir as; invoivemahg‘of accusvadfappehahw mméi‘y, Triverai, pmw. Ia xr nul dw‘qr‘a: , Emmi, Nan @ Dhamsh at”; Téjah Qam arizi §mdhu W m qugsa‘ia:'1 e wmmn‘a‘mg mm'“de‘r1 0f Tai‘achmd @uai‘a f cwmafr‘h m ‘1 g Jggwma hegfs an My: *eaf’xcwy a“? Kama§ M’w“‘5vuwy {?‘f!/-»1§, Te‘jm‘m {PWmE}, Ptmno Pmsad :Emgh {FEMS} mi C h ”(2 im (‘x‘ wrem?” 3M5 'rc 9h {PW .....1r :3 W10 haw c :uma 1L? c hi p haw a: A( i ‘,. ham “e1; iirn$§ca"‘za2d m this créma cm. micaura, sf a“ novaTw mewiewn he ‘v’ugr-“E’ias. ‘2 it $hri K‘Ha’; Tiwahi wrwd wuha, argL:a::i €‘na1‘ i’hg amusg pgram N. m22?~ ? \ gust ”hm w “g? 1w mmas m Tr‘wem and 3alam ¥hv¢ hams; a“? firm? acwaed gar 0 a: haw. nof been meh’hmwd In ‘H’te FIR 50— c:a!!a:;¥ wfntzss Te‘jham i3 enemy of The accused person‘s! his; presence cw 8 pm. m 'fhr: nigh? a‘i‘ The piace 61“ occurrence Thaf ”mo a? a dismnce m‘ one furiong fhgm hiS house was doubfful. fie far as eyewifnesses Pam/16 ahd Charifm ar‘e ccnrzerned, fhey are residenfs m: viHage Lm'nr'i and Amem, which are a? a di$cmce of 19 km and M» km from ”:he piuce of accurrehce‘ Therefore, in fhe nigh?—1"ime, Jrheir presence cn 'fhe scene of cecurrence i5 daubfful. PW-vi Kamai Kumdr Pandey hag sm'fed fha’f he wen’r +0 inform Tarnchcmd Grup‘x‘a whereug, ihege wifneséeg have 3Ta+ed ihaf nobody came 1‘0 inferm Tarachand r. \ €ruh1‘a., They ’rhemgeives reached on The 5pm: He aisa argued ‘rhai’ in fhe m I ? firsiJr in‘far‘mmion regom‘ and merg infirrmfion, i? has been memiened fhm The accuas-aég persons a‘Hacked wi‘rh mhi and dub. Bu? Tha doc‘mr opined “r'haf \ incisad‘ injuries were causad by sharp edged weapan, {miy The‘r‘eclf’yer‘ fhe wifnesses had g‘fm‘ed ‘HmT The accuseé persoms af‘facRed the deem-33d wifh axa aEF. He also argued The? in View of The above infir‘mifiw fhe er’osecu‘Hoh hag u‘t'f’ehw failed ‘re e‘smbheh The case again31' The accused persuhe. The argum r11“ a“? $hr~i Abhay Tiwur‘i, Advaca‘re, was adop‘fed by 5hri Subhash ‘y’aémi, Advocafe. ‘ v 11) Gr: Th whee henci, learned Punei Lawyer supper’fed +he Judgmen? of ‘rh “Mal Cqurf. § \ E2) Kamcd Kumnr‘ Pandey.(PW’-1) has efafed "the? on The fafeful day he was frahspoh-ring cemem fhom Raipur‘ in h§s “truck beahirlg regisfm’riah N0,M.P.~ 27wBXm15x When GT nbsuf 2~3 pm. hisrri‘ruck reached hear The mm of vifiage 4ahsa‘iand The rear Tyre of The Truck was de'FiaTed, Therefore, he Tusk ThaT‘T‘ygre TO Lakhcmpur for geTTing The same repaired. (gaffer geTTing The same repaired, he reTurhecj aT abouT 7 pm“ When he was busy in fixing The Tyre, Tarachami $upTa {since deceased) came hear To him and requesTed him To carry pieces: of wand Ta Kimbihapur. ThereafTer, Tarachand GupTa braugh‘i 5 pieces af wood Tram his hause, iaaded in The Truck and le‘H The place. Thereaf’ier, aecused Trivehi and Balam aios‘ig with 7~8 persons came ah The seene and said ThaT They would naT aiiaw him Ta TransparT The said waad Ta Ambikahur. He requesTed Them huT They did naT accede his request He ie‘r‘i The piace Ta inform Tarachand GupTa. In The meahTime, Tarachand GupTa aiang wiTh 2 associa‘i'es meT him 0n The way cm moTor cyeie aT abouT 8 p.m.. i He apprised him. He came (m The spoT. Seeing Tarachand QupTa,The accused persons aTTacked Tarachand @upTa wiTh LaThis and ciubs. He feil dawn arid susgained muiTipie injuries an his head and face. Therefore, he iefT for paiice sTaTian Lakhanpur on anoTher Truck and iadged The repar‘r in Police E "‘«1‘ ‘ \ ) TaTion Lakhanpur, which was enTered in The Rajnamcha Sana aT 5. No,349 aT e ‘ 13)Recaiv‘ir1q The informa’i‘isn, ASL Bechu Sir1gh came on The aces/re where after verifiabfmri Deha'ri Mer‘g Imimm‘ian ExaPi'E a? 9.36 pm firs? informa’rion report wiThouT number- {Ex‘vPM} wa£ givan a? 9.40 pm, based an fha’r, merg immaHcn Ex.-P/3 was g§vén (11‘ 11 pm, same wave sen? To pa§ice sm'rian Lnkhcmipur along wiTh R...5e’i‘hi Pmsad, cangfabla, ba$ed an “mm“ Firs? Infor! Tier: RepoM Ex.~«P;’1 was ragisfemd a? 11.15 pm. Ir‘ ali These 2, docum n+5 an #ha bask; af informa?ian given by Kamcd Kumar‘ Panday, Jrhe names «3f Trivemi and Balam were meqfionad along wifh ofher 840 persans as 1 asaai Han-m } ‘VT 14)PWm2 T eyawifyqags 1‘s The incidem‘, has smfed fha’f he wi‘u‘mssed The crimé from ! 4 :ejmm,»who‘ E’s The regidem‘ of viHage Han5§and and ciaimed 1'0 be § eer'mir; disfance bvhiié‘smriding on a 5am! dung. He has sm’l‘éd ’Hqcr‘f ’rr‘uck wag Emmi 2g on The wad. Decaased Tamchand Gupi‘u dang wifh Panno and Chanifm 5ing’n reached an The spa? on a mcwncycle, whereas, he wen‘i“ r‘unnin “m The spof Vin shanwm‘ roufe, fmm fhcn‘ spa? ha wi‘rnessec§ “Hie incidani‘. He has fun?her‘ smfed Hm? Tamchand Gup1‘a reacheti first Theraaf‘ier- he neached, Balaml Triveni, i2a'i'an, Hani, Sumj, gandhu, Udesh, a” f? perncns, aéi‘acketi Tara Guruji wi’ii'i La‘i’i‘ii and axe. Tarachand Gup’ra gusiainad axe and ciub biow on his head and face as aisc on The chesT, as a neguiT of which Tamchand GupTa feii dawn cm The road. The accused person5 Tied Thom The gcene of occurrence. The Truck owner wenT To iedge reporT in The poiice sTaTicm. Therea‘Hen, hevaiso ief‘T for his residence. He informed hi5 bmThen Pcomn and faTher Ei’ramm abeuT The incidenT 'oLiT he did noT disciose The names of“ The assailanTs. When he was diseioeing The TacT To hie broTher, aT ThaT Time poiice peopie reached To him, Thereo‘i‘Teh, he wem" on The epoT along wiTh poiice. -SiTe pian (Ex.~P/5) was prepared in his; preeence. In cross«examinaTien, he has admiTTed ThaT There wag diepuTe wiTh The ocgased persons regarding insTaiiaTion of hand pump.- He and Taraehand @upTa (since deceased) wanTed The hand pump To be insTaiied near Their house. i'he accused panTyebJecTed ThaT, ThereaTTer’ hand pump was insTaiied ‘ I k \ on The corner- o‘f road near- nTango Tree. He has furTher admiTTed ThaT .9 v i i \, 8 5/} Yx has M3 Gf Line fur-icing. As ’ihis wi‘mesg beirig 9h inimiwi r‘eiaficmg wii‘h The aawgec‘z gur'i‘y a; aiw The cieceased him; in his gwup, Therefera, his fiasTimcmy has Ta be ziciniiwifzaci wiTh ga‘ecxTer‘ care and circuhispiacTicri. ATTei“ pai’usa! 6f hig whaie hvidanca, we‘ame bf The wnsidered opinim ThaT Tha grasecuTian has noT hagn ahia Tc esTcghii$h his pi‘ewme CIT Thia scene of Occurrei‘ice bgywd reaScm .‘bia deub'r for “me fQ§l6wing 2"eason§:~ “h M’s examim‘i‘ian, he has sfafed Then“ Tamchand deceasad (dong wifh ’rwo pameons reached an ”rhe spa? cm a mowr‘cyde ; aheiad 0f him whereaa, he mme running fhvough $§1érTcu+ roufe aw: was ssfmding an Tha sa‘ad dune. Why he came wunning fram his house +0 fha sand dgne a” 'Hqe wily for abom’ {me furbng “them“ 11:0 c1? abou? 3 imm. in Thea nigh? hex; m? bew discloSad by '?l”gi§ wi'rnesg. His canduc? :3 aka @ubJr‘f‘ul "fer ‘fhe reagore 'Hm'i' he has gm’md Tim? he waa wi‘f'nes‘smg The crime white $1‘aniiirxg am +ha Sand dLma. When Taracham‘ fivup'ra was a persow 9f his gaMy, why he :clic'j no'r in'rerveae, i5; u circumg'l'ume, whieth makas his pregame doub’rf‘ui. Moramw, he has: wwad Tim"? when The amused garsans Ief’r af‘mr (chucking decaa$w Tarachani} @upm, he GESQ lef“? fin" his hause, which i5: his“) ammwr‘al. 'Fhereaf'rers, he, has s’ra‘red 1'haT he wmg w his house and aciissclomd fa his fa'fher and brm‘hen bu“? he did na’f di$cio$e The mmw 0f The as;5ni!cm”{s 1'0 Them. Hég house i3 adjacerfr +0 'fha hixaw 3f daceaseé TarA chahd 6up’h1 bu? he gre'fer‘md my? 'h) infwrm famiiy mambem of Tamshand G'upw‘a on ”rhea groutw} Thu? under $em‘ioms 151 and $07 of The Cr'.P.C.. They appeared in fhe Court {jacecwd Tamchand was on his side and ”Were was dispme hafween Them £4 'rha acd;us:ed pewem‘. Evah cr‘imim! cases Ware ihgfi’fm‘ad czgains? each o‘fher Ae has fuhfher' 5Ta'red "?ha'l' 0n 'rha Ias1’ Hedi Triveni quaweied wii‘h him, his 'Fa'i‘har hmd br'o'u‘her". The mm'ier‘ W33 repor'had in 'ihe paii-ce sim‘iw. For i'hcr'r incidenir, a eriminai casg is pendihg againsi’ him and his family memhem‘, HE 0 si‘awd Thai hi$ hauga 'f‘mm ihe piace of accurr‘encz is; u‘i‘ a disiimce 9 5’5 'Hmy were M, which is alsc no? a piausible expianafisn. The mar}? ii11'imu’rion was prepared in ihe pregame of gmhu Singh, i $3.1, affer- ver‘i‘ficai‘iom from fhe spa? u'i abcu‘i $3 pm” ai ‘H’ia‘r 'iime 'i’i'iis wii‘i’iess Tajr‘am was aisa preslen’r 0n We Epoi, 0n The [whim 9‘? merg iniima‘iiim, F.I.R. ExmP/i waF; r‘agim‘er‘ed a? 11.15 p.m., “iiiere‘fare, why The names of 'i‘iiae ammeci pewcns excep? Tawiwni arid Eaiam haw: HOT been meniiameé in cili i‘hase ciraciumen‘rs: i5 no? expiai'r‘eed by iii? pmsmu'iion. Te‘imm i3 fhe r pemcn who it: wesidem' {sf village Hansdand, iie hag $1'uieuzi 1'0 wi?n&3 Whaie crime fmm iim sanri duna. H23 was; kmwimg a“ i’he accused pamom‘, bu? why i'heii“ nameg have n0? been meniimied ei"i‘i;'i€r" Tm The megg iniima’rian or" FIR I‘r is ”frue fhm‘ merg iiii‘in'ia'iion and FIR were given by PWn1 Kama! Kumar‘ bui he mud have merriioned in These éocumams Tim? Te‘jr‘um PW—2 als wh‘hessed “ihe cr'ima and he has di§ci0$ed fhe names of u‘ssizHahm, iher-efar‘e, above faw’rs ghaw tha? ihig wifnegg was nah prawn? on The scene of occurrence. Apar‘i fmm iha'i', in ‘rhe Courf evidence, he has sfa‘red Thai accusad Eaiam, Triveni, Rafan, Hari, Sumj, Bardhu, Udesh, aii 9 pemons, had (11"?acked, bu‘i he has noi‘ maniiemd Jrhe names cf accused Surqj Pmgaci and Nari @ Dhaheshwar. He has fur'iher sfaied fhm‘ ha did no? saga as To wheTher‘ Pahno and Char‘i‘rm Guruji wenT To heip Tamchand L’vupm cafTei" The accused parsons iefT scam OT accurmence. He has TurTher sTaTed ThaT he did noT Try Te Taik TO Them. Wheri These Two pewons were wiTh deceasai Tarachand GupTa, he was aisa from The parTy cf Tamchahd GupTQ, Then 'why he ciid noT Taik Ta Them, is aiso a circumsmnce, ewhich creaTes deub’r abouT his presence. Moreaver, siTe plan Ex.wPf5 was prepared aT his insTance buT in ThaT siTe plan The InvesTigaTing Officer has no”? shawn The piace frem where This person wiTnessed The crime in quesTion. Thehefor-e, Tar The above- reasehs, in The background ThaT This wiThess was on i 10 5$ inimical relafi0ns WM’l fhe accusecé peramns; rlmr‘eover‘, crirl1§r1a§ msjes war'e also pending againsrr him on accaunJr of dispufa wi‘fh \ i’hé acumed persons, as such, The evidgnca of "HHS wiTness does MT impire wnfklence of The Court The presence 0f 'fhis wifhess: on fhe Sezene 0£ccwrrence becameg dcub‘rfuE." 15) A5 Tw as presence of PW~3 Panne Prasad EEingh, Teacher and PWMT- Chari‘i’ra 5ihgh, “reaches", is ccncarned’ after perusal of ?heir‘ evidence, we are ff? “the ccnsiéweci aphmm Thaf Their presénce i3 uEso daubffui gn Tha scene 61C accur'rence. g2. f They have smfed i‘ha't' fmm The murkef (3f Lahhahpur when They were gaihg on rnomyéycle, on ‘fhe way, They decided f0 go 1's mam Tamchund Gup'micn‘ his regidence a? Hansdand. They have fuPTher sTafecf '?haT af'i‘eh a ’ Pemuinlihg same 1‘§me‘wé+h Tarachnnd @upm, Tar-achand Gup'ra a5ked i’htd' le‘r u$ gu o Lakhwpul“. Wheh These Two pereons aEr‘eady came 'Fsmm Lukhahpur, 'fhey were gaing To Their na'five place a‘l abou’r 8 pm. EH "the highi Therefore, wherelwas The neceseil‘y on accourfr of which all The 3 persons decéded To ga To Lalw‘lhanpur, ThaT has nUT been disclased by These mTnesses. IT is an edmiTTeCl posiTEOh ThaT The‘se wlTnesases being friend 0f deceased Tnrachand @upTa, beihg a Teacher, Theywere inTere'sTed in Tamchand 9up‘m, Therefore, Their evidence hae ulsa TO be ecruTlnized wiTh grea’rer care (Hui cirtumspec‘iien. IT has came in The evidence ef Penna ThuT he is The resident 6f Village LaTGri which is ubouT 10 km Tram The place of occurrence. Eirnilcirly, PW’A ChuriTrci Singh has 5Ta1'ecl The”? he‘is The residenT of village Amara which is aT c2 disTance of 14 km Trsm village Hansdand. FirsT af‘ ail, how They were TogeTher and why They came Tc viiiage Hanedancl from such a leng diaTance ThuT Too in The nigh-T Time ciT ubcuT 8 p.m. ie alsc dcubTful. The aecueed persons: were noT known To These Two wiTnessee. They were never pesTec‘l in The village l—Tanecland. Haw These Tum wiTnesses were knowing The nafhes af accused Triveni and Balam has noT been explained by These wiTnesses. Mereover, These wiTnesses have sTuTed ThaT when They reaehed an The sped” en a mo‘roifcycle., The accue‘ecl persons aTTacked Tarachand 8LipTa. They have sTaTed ThaT" The accused gersene did nOT enquire Tram Tame-hand l 11 @ Gupmiabouf ':‘he wow wherew, PW~1 Kama! Kumar Fandey has sfafed Thai when "lihrachand Gup‘l‘a ¥eff affei" badmg fhe wood iv: his fruck, The accused ;3er-’sun:s appeared on ’rhe scene sf occurrence and said “Hm? fhey‘ would nm‘ albw him To franspcm‘ The waod f0 y‘kmbikapur‘, on which he %ef’f The place i‘o informj Tamchand {Emma abom‘ The sifuafion. When This“ wifness Kama! Kumnr waike few sfeps‘l These peescms came ‘on o. mofercysk. He informed Taruac ,and Gup'm abou‘r The abjecTéon being raised by The accused perecne, whereag, These Twa wiTnesses had Tojraily denied This parT ofThe evidence of Kamai Kumnr Pandey‘ PWm3 Rmno Pmsad Singh has sTaT'ed Thm‘ aH The penso ‘swTarTed aTTacking wiTh LdTh-i and axe. He has Tum‘her sTaTed ThaT I handiei and headiigh‘T of The moTor‘cycle was damaged, NO biood was dropped i on Thei moTprcycie whereas, PW-4 ChariTra Singh has sTaTed ThaT moTomycie Tame naT damaged Moreover, when The moTcrcycEe was damaged, why moTonaycle was noT seized by The InvesTigaTing Officer in ohder To esTabiieh ThaT a“ The 3 persane came on a maTorcy‘cie, aTTack was made and moTor‘cycle was ddmaged, ThaT cauid have been a ceweborm‘Tve piece a"? evidence TO esTabiish preeence of These Tiara wiTneeses. PWw3 Pahno has sTaTed ThaT wnen aaTaCn was made, biood was noT spiashed 0e diTopped en The bed‘y 0r“ hs eiaThes whereas, PWn-xfl ChahiTr‘a Si‘ngh has sTaTed ThaT biaed was deoiaped on Pahha and n0"? an his body. They have fur-Ther- eTaTed ThaT They remained STahding There, The’y‘ did naT inTer'vene in The maTTer‘ and They had noT aer‘suaded The accused pensans noT To aTTack Tarachand GupTa is" aisa an unnaTuna! conduct None of Them wenT To The poiice sTaTion Lakhanpu‘r‘ To infarm, Therefane, for The abave reasons, we are of The considehed opinion ThaT The pneaence 0f These Two wiTnesses on The place of accunrence is alee daubTfui. Henee Their TesTimony eanna'l' be beiieved, . i J. Iv lé) New, camingé’ro The evidence of PWul Kama! Kumar Pandey, he is an indiependenT wiTness. In erosswekaminaTian, The defence has noT been abie To bring any circumsTance an reeord, which discrediT his evidence or makes preeence of This wiTness an The scene of occurrence daubTfui. This wiTness \has eTaTed ThaT aT abouT 8 pm. when Tarachand GupTa reached on The spoT, 12 accusqd persons Triverki, Balam and Their associates 5+arfed nfmcking wi‘i‘h imhi aind club. He i§ a persan after happemng of The inciden’r lef‘f +0 pblice sfm‘im;1 Lakhanpur and gave in+§ma+ion Ex—D/l a1’ 9 p.m., based on That A31, Bechur Singh came on The scene OT occurrence, affer venifieaTiun, Dehm‘i marg iEm‘mm‘rion Ex-PXE, mgrg imimafion Ex.«P/3 and firs? informm‘ion repcm‘ wh‘hou? number Fix—PM ware prepar‘ed and game were sent basad m1 $§1a+ FER E <.~P./1 was regirswzr‘ed. He has caTegorical!y Taken Tha names 0f accused Tnive’ri {ind Balam. In cn0$snexaminaTion nf This wiTnesg, defencg has naT been hie Ta di$crediT hi§ evidence. He hns‘ caTegcricaHy sTé'I-ed ThaT Triveni and Bnfdsm‘ ctTTacked Tné deceased. As fan as when I accused persona: are I cancemed, ’ I.we hus‘ noT men'ridned The names wf d‘hwe accwed perscms. MoredverAThe Invegtigcding Office!" had noT requeskd ExacuTive MagigTr‘dTe "for- idenTifica'Tion parade Tn ondw To esTablish Thu? 0Ther ? accused per-sans wera «isw assailan'fs because a” The accused persond were neT known To This wiTnesd The 5ncéden‘r was of The