MKJ!-* GOURT OF CMHATTiSQARi-i AT BiLASPUR ues: Mon'n'e Sh" uhirenara iviisnra & A"De!!ant {In the custody) Respondent U,->n'h!o'es-.ri P *J r;hanr!ra!?ar .!-! cnminai ApDeai wo. 36/2UU4 -Sanlram S/o. Hiraman, Agsd about 30 ysars, Resident of vuiacte Jhanki, P.S. Abhariuur. Dist.- Raipur (C.Q.) Vs. btate ot Cnhan!SQarh j-tre§ent; Shn u.K.S. L.hanaei, counse! ror the aoDeiiant. S'nri U.N.S. Deo, Go*/t. Advocate forthe State U •< A L JiU DU !Viit ly -! n^ J^rt-< •^o.uo^u;y; 1 he aDDQ!!ant has preferre" i"is cnm'nal aoDsal under Secnon 3'4!2j of tne CoclB ot Crirn!nn! Procedure agatnst the judgnfient of Gonvtci'on anQ order of sentence dated 10th DecernbQf ^Cf03 Dassed jp. Session Thai N0.303^200-3. whereby iearned N'nth Addiuonai Sessions .judge, (FTC) Raipur, attsr holdlng the appe'iant gu!ity for commitung murder of tne deceased nameiy, Sukhram, has c-onvicted hlir! under Sect'on 302 of the Indian Penal Codo anQ caus'n" in'ury to Le^iarsnn ann Ku. Neera. undsr Sectsors 324. 32d- ot the inaian Penai Cocie snd sent©ncedhim to underQo Ijte jmpnsonment, and f!ne of Rs.500/-, tmDrisontYient for one vear sn" tsne ot Rs. 3UU/- on eacn couni witn usuai aetaull ciauses res"ec""eiy. Cass of tne Drosecut[on. in "rief. is trot Lee'aram Kurrs 'PW-i). son ot th9 deceasecl, iodged a rspoft at around 11.65 p.m. on O i .04.2003 nfientloning therein tnat mere was some e'eclnc brsakdown in tns house of tne aDDS'lant. 1 he aDDeiiant was beat'no th.e eiectnc l!ne by a bamboo ana LaKshman (PVv-5) asked him not 10 do so an" to lodge a compia'nt in the f ^'la--', '•;>~.^a -^- eieciriciiy oftice. i he appe'iant started abusing LaKsrtman ana tnerearter tne appeilant went inside "!s house. He ovemeard Leeiaram teiiina Lakshman to iodge a compiaint regarding failure of e'ectncity, whereupon, the appeliant came there to beat Lee'aram thinking that he is contempiating a report agamst him. 1 "ey were separated and tnereafter tney wenf to thelr respecuve "ouses. in ins same n'ght, the appei'ant came wren a s'ckle in ine nouse ot Leelaram an" assauited h!S Tatner on h's necK anti when Leeiaram and his sister tried io intervene, he assauited both of them on their head and neck. After sometime wh.en Leeiaram returned trom his uncle's house, he found that the appeilant fied away from there after siimng the neck of his fsther. uunna Invesilaation, after reaistsrino the "rst inrormation reDort jtx-P'1), Doilce Droceeded tor the scene of occurrence. "reDared inauest over the Dsrson ot the deceassd vide Ex.P'5. The body was sent for autODSV, where Dr. U!ias Gounnade i.PVV-4'! conducted Dostmonem and oroved h's reDort vide tx-P/8. iniured persons nameiy, Ku. Neera and Leeiaram wers aiso referred for medical examination and their medico ieaal iniury report was glyen by Dr. G.C. -Sharma vide Ex-P/9 and Ex-P/10. Site pian was got prepared by Hakia Patwari, B.R. -Sao (PW-9) vide Ex-P/2. Biood siained cjothing of Leetaram was taKen to possession v!de Ex-P'3. ulood stalned cioth'ng of the deceased was taken to possession vide tx-F'7. On d'sciosure of the appsliant (Ex-P/11), weapon of offence, biood steiried sickie v"as taken into possess'on vide Ex-P/12. H's "iood stained wear'ng aDoareis were also taKsn into possession vide bx-K' l-j. rtroc'es OT ss'zure were sent tor chem'cai examinaron io Forens'c Science LaDoratorv. Kawur v!de Ex-P' 14 and report of FSL Is Ex-P'16. I/--. .•i~\ /[Y'1-; '0. b n .».nerconauciing usuai 'nyestigauon, charge sheet was fiiea in tne Court of judic'ai ("iagistrate, i-jrst Ciass, Raipur, who, in turn, comm!tted the case to the Court of Sessions Judae and ths same was rece'ved on transier bv learned Addiiionai Sessions -judae fortria!. Tiie triai Court framed charae under Sect'on 302 of the iPC for conimitE'na murder of SuKhram Kurre ana under Section -307 of tne IPC for aiienipi'na on life of Leelaram and Ku. Neera against the appehant, wno aDjured h.is auut Ihe prosecut'on in order to estabi'sh c.harge against th® appeiiant examined 10 witnesses in all. Thereaner statement of accused was recorde" under Section 313 of the Code of Crim'nai Procedure, 'n which hs denied ihs c'roumstances appearing against "!m in tne prosecusion case and Dieaded Innocence and faise impiication on account of animos'ty. He has aiso staied that on the daie of ths 'ncidsnt, there was ra'iyre o' eiec-tncily SUDDIV an" h®woKe UD ro reDair, nowever "e aid not exam'ne anv witness !H h's Qet^rsce. The triai Court after hearina counsei for the resoective Darties. convicted and senrenced the aDpeliantas ment'oned in oaraarapn 1 oftiisjUQQment. Homic-idal deam of deceased Suknram Kurrs is not in aispute. tven other»A'ise, from the evidence of Lee'aram (PV"-1) ana' Ku. Neera (PvV-3), wtio cia'm tnemseives to be the eye wiinesses anri deposed that the deceased was assaulte" by a sickie, and further from tne evidence of Ur. U!ias Qounnads (PW-4), who conciuctsd postmortem (c.x-P.'ot, in "rhich iie found the foiiowing Injuries on the person of the deceased and opinea !na6 t"e cause of "eatn ot deceased is aue to shocK ana nemorrnage as a resui! of imury on the neck caused by hard and sharp pointed ooject and tne q '•3sns». i 1 ^ ^ \^^r^' 9 deam was homicidai in nature, homicida! death of the "eceased is esTfln|isnQQ, iNJ U Ri ES (i) A trsnsverse inclsed wound on tne leTt side of ths neck snter'orSv at upper 1/3 size 7 cm x 1.5 cm with bevelins at UDper end and teiiin" at iateral end. Both end acute 2 cm deeD. (2) A transverse incised wound on the riaht sids of the nec-k iust beiow 'niurv No.3 med'ai end sizs 3 cm x 1.5 cm. Both end acuts "ierces. Tnyrold cartliaQe on fiQht s'de wlth rlQht iobe of thyroiQ Qiand. s-3) Cervica! vertebra '."'edge shaped with transverse !ength 3 cm x "readth 2 cm with edoes ciear> cut was Dresent on ths riaht s!de of i;ne veneDrs. Learned counse! ror the appefiant submits that conviction of the appeiiant is based on the evidence of Leeiaram (PW-1) and Ku. Neera (PW-3), who ciaim themseives as eyewjtnesses of the incident. Leelaram (P"V-1) has cateaoricaily deDOsed that after commencement of the incident. he went away from the Dlace or Incident. thus. he is no! an eyewitness ot the incldent, whereas Ku. Neera i'PvV-3), 1-3 year o!d Q'ri, in her cross- examination cateaoricaiiv admitted that she dld not see anv person assaulnna her father and as shs couid not see them. sns did not tsll tne name of the assai'ants to the viliaaers immed'ateiy after the Incident. He further araue" that the trial Court was not iustmed in convictina the appeliant under Section 302 of the Indian Pena! Code as the incident occurred on spur of moment due to sudden provocation as a minor fiaht took Diace between the aoDeliant and the son of deceased due to some confusion that he was aoing fo lodge report against the appeliant and thus, the aiiecied offsnce tails within ExceDtion 4 of Ssct'on 300 of the ind'an 't"'^ ^»» /r^, \~/ l-'enai Goae and the sams wouia not go beyona bection ..3U4 Part-it of the indian penai Code. 10. 0" tne otner hand. teamea Qovernment Advocate. aDpearlna on behait ot titate suDoorted ine imDuaned judament. 11. We have heard learned counsel for the parties and perused the records as aiso the impucineol tiiQQment ot tn®trifli Gourt. 12. Th.e tr'ai C-ourt reivina upon the evidence of Iniured evewitnesses Leeiaram (PW-T! and Ku. Neera ip'A.i-3) has convicted the aDDeiiant bv the imD'-ianed ludament. 13. On cjose scrunnv of the evidence of Leelaram (PVv-1), we find that on the date of incident. there was some oower fa'iure in the house of the aDDeliant. He reauested Lakshma" to repair the iine. On his refusai, he got iniunated and started beauna the electric tine statina that ne would not atiow eiectricity in other houses also. On intervention of other persons, inciuding Leetaram (PW-1), the apDeltant and other Dersons went to their respective houses. However. subseauentiy, m!sunderstandins that Leeiaram is teiiins Lakshman to iodge compiaim against him, the appeiiant pic.ked up quarrei W!th Leeiaram. However. thereafter. all of them went to the'r respective h.ouses and in the same night, the appeilant entered into the house or ihe deceased with a sickie and aave blows on his necK anti when his son and daughter tried to interyene. they were aiso assauited by the appeiiant. Th.is witness has oeen cross-examlned b" the defence at ienatn. Mowever, apart from minor discrepancles, the witness stood his grouna and the detence couid noi eilcit amihina from his cross-examinaiion. wnich maKes the version of the witness trustworthy. i4. Ku. Neera fPW-3) has been examined wlthout admin'stranon of oath on account of her aae. She has also de"osed in examination-in-chief that the appellant ssssuited her fathef her brother and herself with a knife on th6 date ot incicient at nioht. However. in cross-examination. she has deoosed that s"e was not abie to recoanize the assallants. For th!s reason, she d'a not teli the vlllaasrs about the name ot the assailants. She has also "eposed that at the time or incident. there was tiaht mside the room and it was not darx. Both tnese witnesses susiained iniunes in 8 same Inciaent and their injury report (Ex-P/9) & (Ex-P/10) have been proved by Dr. G.C. Sharms (PW-6) who has tound incisod iniuries on hsr and fufther oQlneQ that the injunes were caused by sharp eaged object. Simiiariy, Or. G.C. Sharma has found three Inclsed 'njuries over the persons of LeeiaraFTi, and ODined t'nat ihe iniuries were caused bv shar" edged ob'ect. Thus. it is establsshe" tnat thess two wtnesses sus^ineQ iniunes in ine same inc-'d©Ht. 15. WeaDon of offence sickle has been seized on the memoranaum of the aDDeliant an" the slckle and wearina apDareis were sent ror chemicai examinatlon and as per FSL report (Ex-P/'t6), both these amc'es were ste'ned wren biood. verslon of" Leeiaram i.PVtf-lj, iniured evewitness is wortn rei'ance and 'nsoires conndence. i-!!s version is aiso corroDoraiea from the evidence ot his sister Ku. Neera (PW-3) in material Darticulars as al-so from the "rst information report iodged against tiie appe'iant. inus,on due a"Dreciat!on of the evdence availabie on rec-ora, we are ot the opin'on that the trial Court was fuliy justmed in reiying upon the evidence of Leeiaram ror the purpose of convicting the appeiiant for commission ot t"e cnme in Question. 16. The next auestion for our consideraflon is - whethsr the trial Court was iusutie" In convictina the aDDeilaht under Sectlon 302 of the iPC or the IS;C^ \ ottence commjlted by the appsiiant fsiis with'n sny of the exceptions gtven untior Sect*on 30Q of the iPC? 17. Unciisputedly, the incident started first time when the aDDeiiant was beatinc! the eiectric wire and was Drevented bv Laksnma" and Leeiaram (PW-1). However, after sometime due to intervention of deceased an" other v"iaaers the auarrei suDSided. l he auarrel aaain ep-iDte" wnsn the appeiiant misunderstood that Leeiaram (PW-1) Is askmg LaKshman to iodae comoialn against him. However, this contusion was aiso removea ana aii of them went to their respective houses and after sometime the appeiiant came from his house wit" a slckie. entered into th.e house of ths deceased and assauited him on his vitai oart neck. Vv'hen tne aDDeiiant was stopped by the son and the daughter of deceased, he assauired thern aiso with th.e same sick!e which caused them 'ncised 'niuriss. in these clreumstances, the defence of the appeiiant that the incident occurred on the spur of moment due to sudden provocation, 's not acceptebie. The triai Court was just'fisd in conyicting the appeuant under Section -3\}2 oi the Indian Penai Cods. 18. Learned tria! Court conslderina the nature oi iniury susiained b" Lee'aram (puu-1j and Ku. Neera i'P'f"-3! has convicted the aDpeitant under Section 324 of the iPC- instead of Section 307 of i.PC. On due apprec.iation ot t"e evidsnce of these t<*.'o injursd eyewit"esses and cons'Qenng tnai ine'r evldence were duly corroborated trom tne meaico legai 'njury repon prepared and prove" by Dr. G.C. Sharma, we are of the opin'on that the triai Court "as rightiy convicted the appellant under Section 324 of tiie Inciian Fenal Code. ^^^t^^^^^^il^ btU 19. in-tnejesuli, the appeal faits and is, accordingiy, dismissed. Sd/- R.N. Chandrakar Judge ^' r