CF0000062609 @ IN THE HICSJ COmT OF JlffiICATORS OP MADH^A PRADSSH AT JABALPOR ^ C5 (a^J ^ '<^y id^ ,,,,.^—^ fv"^..(M^^r 1> c<. ^\ ^ '^ ^ ^- ^^" ^ ^ ..^ &?^ ^\^ ^ 2. Criaiaal Appeal 3^- ./1999 vishn Bench f Puiatraa Sataaal> son @f Bho^dal Satiia%i» aged ab^ut 50 years, resideat of Noadhpar, Polioe Station: Bilaigarhy Bist. Raipur (M«P») Bhoadal Satnami» son of Barshu Sati'is®!., ag@d ^S years> reside^t of Noudhpar, Pollce SN^ioas Bilaigarfa» Dist. Raipux* (K.P.) ^riffiihsis •• •• ^PSL^TS (IM JAIL) V_Ejl 3J0^ State.o^ ifedi^a Pradesh, Throughs Police Station Bllaigarh, Mst • Raipur >^ •^ AffM^ ^SPm SECTIOH 574(2) OF 2HE GOBE OP CRZKIMAL P&OCEB^MSy 1975 ^ ' - ^^^^^^^^...^^^.WMS. ^..,.^^.Ss^,...^^w£!^^ XI-HG-78 W7^T^¥?T^ vj'&Tj ^l^llri^, u>-al'<-t<i<?, Rirtmy^ rf?K .. .C^.&-^....^.^ .i^^ ^200 3TT^5T^Tf^Tt^ ^^[TOT^^T^HTc^ OT^Tq^S) (yii^<5i<s) ^Tc?TaR^fl?T3TT^5T DIVIS!Oh! HON'BLE MR. L.C. BHADOOAND IVSR. DHIRENDRA.IVS .SHRA,_.y. 6-4-2006:- Shri Manoj Paranjpe f Goverdhan, counsei for the app| Shri U.N.S. Deo, Additlot Depufry Govt, Advocate for the Ora! judgment or| PER L.C. J. By this appea!, the and correctness of the- judgmer 8-2-99 passed by the 2nd Addit| No.427/92 whereby learned accused/appeifants -guiity ynder| murder of Laiaram Satnami, se undergo- Imprisonment for iife ^ payment of fine to further underc Thecase of the prosecuti| appeal is th-at complainant Suril are four brothers namely Suritra| are resldlng separateiy. The even mutated in the name of Satnanii, younger brother ofth< nameiy Bhondal, but Bhonda! also paid consideration ^^i^aml-started saying that' h chl^tfc!)4)T1i ^Hc6T^'fel<l xFjtta<< ^37f^H3T?^5T ?ith Shri Saurabh Dangl and Shri V.A. itants. 'ai Public Prosecutor with Shri DX. Gwaire, Bte/respondent. - Dais. . accL|sed/appellants have questloned the iegaiity tt of corsvictlon and order of sentepice |onal Sessions Judge, Baioda Bazar, in S.T. A^djtiona! .Sessions Judge after hoiding the ISectiQn 302 ofthe i.P.C. for commission of ^ntenced each of the accused/appeilants to |nd to pay a flne of Rs.5,000/-, in defauit of |o 2 years S.!.. i^n, in brief, necessary for the disposai ofthls ram is the resident of viHage Mudpar. They ijn, Laiaram, Bhondai, and Anjor Singh. Th^y ^nded property was already •partltipned and leach of the brothers. Deceased Laiaram cornpiainant, sold hls share of land to other |no sale deed was executed and accused iamount But, thereafter, deceased LaiaraiTi ib has not o.oid hio.tend. . Evcn o.n XI-HC-22 ^^ '^^!^^,'^^^. T^^W^ ^i^r'.'q^ HS^c<l! ^Nl^'""""""""""^"""""*"'?^ 2(%) •^^••••••••••••••••••••••••••••-- 'sn^r'^T f^?N;3TI^T 5t-»^ich ^!ia persuaded by Shivnarayan, he did n^t^agree and pn account of that there was anjmosity among' the brothers Laiaram Satnami. In that connection; in theTehsii Bilaigarh. On 25-8-92, de Bhondal went to attend the Court proi p.m. In the eYening. The coinpiainanl deceased Lalaram Satnami and acc other with Lathj. He reached .near the was iying on the ground, Bhondai Sati with Lathi and axe. Lataram Satn forehead. Froni the injuries, biood wa calf region of the !eft ieg and other pai assayited'mother of the'complalnant \A and the case waS registered by Statio of occurrence, .givlng' notl.ce possession piain soit ahd biood stai^ under Ex,,-P/3. Accused Puniram g^ Lathi and in pursuance of that Lathi P/8. The dothes'of accused Puniram! P/7. While in the polic^ custody, accui P/5 regarding axe and Lathi and in ^ axe under Ex.-P/9. The do.thes o1 possession under Ex.-P/6. The latht! P/10.. The recovered.-artides.were '^FSfeR^T WT^f ^ 1^^t Tf^^R ^T^I^T^l^T \ S.e. accused Bhondal'and dec^ased l some p-roceedihgs; were aiso. pending,' lceased LaSaram Sathami and accused |;eedings and they returned at about 5 came to know through Mulchand'that |used Bhondai were assauiting each school and saw that Lalaram Satnami liarni and Puniram were assauitlng him amr was assauited with axe on the s oozing out' The- injuries were on the 1s ofthe body. Accysed Puniram aiso ithLaths; ,., . , ; .' ~ :. ;,' ; • The report (EX.-P/20) of the rfiatter was lodged by the complalnant n House Officer. He !eft for the scerie Ex.aP/1 to the Panchas, prepared Panchanama EX.-P/2 of the dead qody pf the deceased. He took into + led soil from the piace of pccurren.ce .ve a memorandum :Ex--PJ4 regardi'ng was taken into possession under Ex.- were taken into possession under Ex." 3'ed Bhondal- gave'..a meniorandum Ex..CT; yrsuance of-that he 'got'.'recovered.the accused Bhondai were taken into was taken Into possesslqn under Exm sent;foT chemjcal.examlnatjon to. the-.' ,[Tft^^f^ XI-HC-22 ^ -g^ ^ZJT^^, -^ft^^ 'f^TRSy 3?I^W'^^? ^TO^TT^W^ "Wl, 200 "^^ST' 3TT^T'^T 'f^w^an^T $h<-ii<^ '^Tfin //A T 'sn^r "^iTW^fin Forensic Science Laboratory, Raipur L|nder Ex.-P/17 from where report Ex.- P/23was recelved. . The postmortem on the dead bqdy of the deceased was condyced by Dr. C.S.- Patel (PW-13) and' he prep^ After compietion of the investigation, ^ JudJcjai Magistrate, 1sl CSass, Baioda ^azar who in turn committed the case tp the Sessions Judge, Raipur from| Judge received the case on transferforl . The prosecutlQn examjned-16 vj persons were recorded under Sectio| denied the prosecution-evidence. Led .^Plt^T -RPTOf ^ 'fe^ T^fR '^^man^ red, the postmortem report Ex. P/18» harge sheet was fited in the Court of where ieamed Additionai Sessions Itrial. ; , • ~ -" • . •.-• / ' Itnesses.' 'Statements of the. accused.. n 313 of the Cr.P.C. in which they rned Additional Sessions Judge after -hearing counse! for the parties convict^d ahd sentenced each of the accused as menfioned in- para-1 of this Judgmer|t. We have heard learned counsei |for thepartjes. As far as invoivement of the acd The homicidai death ofdecease^ Laiaram Satnami is not in dispute. used/appeilants in committing murder of their own brother Lalararn Satnaml is concemed, at the outset, iearned counse! for the parties sybmltted thatipn account pf death of eyewitnesses they eouici not be examined. Convicti^n rests on the recovery ofweaponsof oifence i,e. Lathi andaxe atthe instan^ found to be'stained with blood as per tll As per th:e settied law, foi-j circymstantia!' eyidence the Court circumstances regarding involvementl based on the following prindpies:- ^e of the accused persons. They were ^e F.S.L. report EX.-P/23. ' restirig convlction based on the is, required to ascertain from the of the accused in crime m question [Tfr^ SHsj^ XI-HC-22 ^n^T^ R-lij=h 3^1 s^^ich ^iia V-—-1 T3^ ^ll<4td^l, ^nl^^Ko, I^TRTy ^nt?T 'q^F W^WWi:IW^^^^^^^^^^^^^^^^'^^^^^^^^^^^ ^ •t^y"""""" drawn, must be cogentiy g| cb l^F<rt^l1 -*-! l^<rff ^ fe^ Tf^R^TT .^3Tf^FT3^r 1.* the circumstances from ^hich an infeFence of guiit is soughtto be nd firmly established; 2. those circumstancesshoLld be of a definite tendency unemngiy .1 polnting towards gyiit of fl^ 3. the cirGunistances, takei complete that.there is no |e accused.;'; "• . . •: , ;' ' '. |i cumuiativeiy, shoyld form a chain so escape from the conciusion that within ali human probabjlity the crirtie was committed by the accused and none •ejse;.:and'. 4. the cjrcumstantja! evidenlbe in order to sustain conyjetion rnust be hlsinnocence. Assumin,g that recoveries complete.and incapabte ^)f explanation of any other hypothesis than that ofthe guilt of the ac4isQd and such eyidence should not oniy be consistent wlth the gui.It ofj the accused but shouid be inconsistent with of Lathi & axe were effected at the jnstance / of accused Bhondai and Puniranji, and even their ciothes were found stained with biood, but merely on the b^sis ofabove circumstantiai evidence based cn the principles of iaw |:he accused persons cannot be connected vyith the crime in questlon for the Lathi which were recovered at reason that weapons of offence i.e. axe and the instance of the accused persons are normaliy found in each house'^the viliage side, therefore, the heavy duty was on the shoulder ofthe pros^cution that In order to cQnnect the accused persons there shouid haye bee^ Serologist's report that blood whjch was found on the axe, Lathi and ci^thes of the accused persons was human bJOQd, that too of the biood ^roup of the deceased. gut there Is no Seroiogist's' report to establish ^he above fact. TherefQre, we are of the .cb.nsidered opinion that the pros4cutjon has faiied to bring onrecordthe legai [T&^ ^fo^. .&.' XI-HC-22 3TT^T'^T k'iich 'snt^T ,9h^ic^ 'H^T •" Ba^/e , ^/,^' ^ •^^ ^i^jd^^'^iNTT^, ^fray 3TI^T i^f^ Ni^^ll ^HiGh*0**'"***''^ ** ^l^ 20° •fe^ST"""""""""""""""" 3?7^I ^^HSJT ^f^T ^- evid^nce and ciinchlng circumstantial can be connected with crime In'qu^ •» ' For the foregoing reasons| accused persons for commission >c|f sentencing each of them to urjdergo sustaln.ed. . ;; ,, Iri the resuit the appeai is aplo\/i/< on the ajccused/appeiiants under they are acquitted of the sajd cha^ 8-2-99. He is directed to be reMsed case. As accysed Punlram 1s a!r4E discharged. ' ' - Sd/- L.C, Bhadoo Judge cbl^Id41VT 'RTR^Tf ^ fe^t "^N^R -: '^.'sti^HCT^T through whic-h the accused persons 'stion. '.•. ; .' •. ... . . •.- ' . . . ' . ftnding of the- trial Court convicting the murder of their own brother Laiaram and imprisonment for life cannot be aplovi/ed. Conviction and sentence Imposed geetion 302 of fhe I.P.C. are set aside arid ttge. Accused Bhondal is in custody slnce forthwith, If not required in any other r^ady on baii, therefore, his bail bonds are Sd/- Dhirendra Mishra Judge [^ ^fe^