^^ ^ ^ •p HlGn COURT OF Coram: HON'BLE HOi'sl'BLE MR. R.L. Jhanwar, JJ. AoDsilants (Sn Jail) 1. Krishna Kumar S/'o Udayram Patel, agedabout25years. • 2. KartlKram S/o Udayram Patel, agec about2Qyears. R/o village Kari P.S. Bszar D1stt.RaJpur(C.G.). Versiis State of Cnhattlsgarh Through ~ P.S.. Baicda Bazar, Dlstf.Raipur(C..G.5 RespoRdent (CRMINAL APPEAL UNDER SECTION374 (2) OF THE Cr.P.C.) Ivls Sangesta Mlshra, counsel for the appeliants. IVSr.D.K.Gwai're, Govt. Advocate forthe State/respondent. (Passed on 9th May, 201 1) Per T.P»Sharma,J.:- 1. Chatlenge in this appeal Is to ths judgment of convjctlon & order'of sentence 25.9.2004 by the Flrst Additlonal Sesslons Judge, Bazaar. In Sesslons Trisl No.181/2004, whereby •& whersunder learned First Additiona! Sesslons Judge after hoidlng the appeliants guiit for • commission of cuipabis homldde smountirsg to murder of Olaram convicted them under' Sectlon 302 of .the t.P.C. anct sentenced them to •undergo.imprisonment for Ijfe and fine of Rs.1000/-. in defauit of paymsnt of rine to further undergo R.j. for one year. 2. Convlction is impugned on the ground that wlthout there being any lota of evidencs, thetrla! Court has convlcted & sentenced the appeliants as aforementjoned and thereby commltted iiiegaiity. 3. As per case of prosecution., on the fatefu!. day of 7.3.2004 at about 7'a.m. at morntng on account of previous enmity while Oiaram was in d <^ Q course of answering the cai! of' nature near pond, both the appelSants who were waitlng hlm assauited him by carpenter axe and axs and caused instantaneousiy death. IVIuktawan Banjare (PVV-1) went to the Police Station and lodged F.1.R. vide Ex.P/1. Merg was recorded vide Ex.P/2. Investigatlng offjcer proceeded for scene of occyrrence and summoning ths witnesses vide Ex.P/3 prepersd Inquest over the body of. ths deceased vjde Ex.P/4. BSoodstained soii, piain soil s-nd one p§irof sllpper of the deceased were seized from the spot vlde Ex.P/13. Bloodstained axe and bloodstalned shlrt w@re seized-from appellanl Ksrtlkram Patei vide Ex.P/5. Bjoodstained shirt was seized from appeiiant Krushna Kumar Patel vide Ex.P/6. Both the appeliants 'were sent for medicsi examinatjon, they Vv'ere examined'. vide Ex.P/7. No extemai injury was found. Dead body of the deceased' wss S8nt for autopsy to Primary HeaSth Centre, Baioda Bazaar vide. Ex.P/9A. Dr.R.SJoshi (PW-6) conducted autopsy vide Ex.P/9 and found foiio'wlng InjuRes:- (1) inclsed wound found back of jaw on neck of 9 cm. x 3cm. x 3cm. (ii) Incised wound cf 4 cm. x 2 cm. x 2 cm. over neck. (lij) Snclsed wound of 3 cm. x 1 % cm. x 2 cm. over chin. (iv) incissd wcund of 8 cm. x3cm. x 3 cm. over fronf partofneck. (v) incissd wound of 6 cm. x 3 cm. x 3 cm. over front part of neck. (v'i) jncised wound of 4 cm. x 3 cm. x 2 cm. over left mandibie. (vii) Incised wound of S cm. x 3 cm. x 3 cm. cver ieft of the neck. (vlil) Incised wound of 3 cm. x 2 cm. x 2 cm. over neck. (ix) Incised wound of 3 cm. x 2 cm. x 14 cm. over right thigh. (x) inclsed wound of 4 cm. 2 cm. x % cm. over ieft knee. (xi) Nusctes and vesseis tendered and'trachea was • found cut. (xil) Abraslons were aiso found over chest and face. ^^^s^ /^- '^ % I 1 ^ ^ £ (L Injures were ante-mortem and death 'was homicldal In nature. Sealed ciothes of the deceased were seSzed vlde Ex.P/11. Sefeed artlGies were. sent for chemlcal examlnation. vlde Ex.P/18 and presence of blood confirmed on ciothes selzed from the appeiiants and axe.selzed froiTi appelsant Kartlkram vlde Ex.P/19. 4. Statements of the witnesses v/ere recorded under Section 161 .of the Cr.P.C. and after completion of investigatjon, charge sheet was 'm the Court of Judlda! Magistrate First Ciass, Baioda Bazsar, who in turn committed the case to the Court of Sessions, Raipur, from where Searned First Additionai Sessions Judge, Baioda Bazaar, recslved the on transfer for trial. 5. In order to prove the guiit of the accused/appeitants, the prosecutlon has examlned as many as ten witnesses. Statements of the accused/appeilants were recorded under Section 313 of the Cr.P.C., In whlch they denied the circumstances appearing against them and pjeaded Innocence and faise smplicatlon in the crime in question. 6. After provlding opportunity of hearlng to the parties, iearned Flrst AdcSitlonal Sesslons Judge convlcted & sentenced the appellants as aforementioned. 7. VVe have heard learned counsel for ths parties, perused the judgment impugned and record of the trial Court. 8. Learned counsel for the appeilants submlts that convldion Is on solitary evldence of Osram (FW-2) whose evldence does not insplre confidence and trustworthy. Evidence of soie wltness is not to rely for convictlng the appeliante that too under Sectton 302 of the I.P.C. Learned counsel further submlts that other wjtnesses have nGt supported the case of prosecution. 9. On the other hand, iearned State counsei supported the judgment Impugned and submits that evldence of soSStary witness is sufflctent for drawing definite condusion that the appeilants havs committed cuipabie homlcide amounting to murder of OSaram. Learned counsei further submlts that the triai Court has rlghtly convlcted and sentenced the appeiSants as arorementioned. -^ ....^. 10.1n order to appreciate the arguments advanced on behalf of the partles, we have examined the evidence avallabie on record, 11.in the present case, homicldaj death as a result of muStiple injuries found over vltal part of body of Oiaram has not been substantlajiy disputed on behalf of the appeliants; even otherwise. it is estabtished by ths evidence of Dr.R.SJoshi (PA/-6) and autopsy report Ex.P/9. Death of ^ deceased Oiaram was homjcida.1 In nature. 12.As regards the compiicity of the appeljant in crime In question, convictSon is substantjaiiy based on the evldence of Osram (PW-2). H@ has deposed in hls evldence that at about 7 a.m. on the of incldent, he along with OSaram vvent near pond for ease. In course of ease both the appeilants came near the piace of incident, they quarreleci with Ojaram, the appeliants were holding axe, then they rushed from the spot and went to Bhagwat whom he narrated the incident. Defence has cross- examined thls 'A'itness in detaii. in his cross-examination he has specificaiiy deposed that he hasseen first part of Incident, the appeilants were hoidlng axe and they Vv'ere quarreiing' with Oiaram. He has denled the suggestlon that he is • stating at the instance of tather of the deceased, but he has edmitted in para 5of his cross-examinatlon that he has not seen the Incldent. Virtually as per his evidence during the course of ease, both the appeliants were hoiding axe and quarrejed wsth Olaram and withln short time badiy injured dead body of Olaram was found near the place of Incldent which cieariy revea.is that on!y the appeliants v/ere present 'near .the deceased. they were hoSding axe, they quarreied wlth the deceased and within short tims/few minutes badSy injured body of the deceased was found near the place of incident. T'nls evldence aione is sufflcient to estabiish the fact that onSy the appeliants have caused muitjpie fatai injuries to Oiaram resultlng Into hls Instantaneousiy death. 13.in the present case, the appeilants have not caused any Injury on sudden quarrei; but they themseives have made assault to the deceased when he was armiess and helpiess. Thls shows that the present appeilaRts have caused homlcidai death of deceased Olsram Vt/ith Intent to cause hls death. .i 1^'.. ^;. 1 lvw^^% I, '""" I ^;^' '^^^^"" -B/- l4.After appreciating the evldence avajlable on record, the triai Court hss convlcted and sentenced the appeliants as aforementioned. 15.0n ciose scrutiny of the evidence, we do not flnd any jiiegality or Inflrmlty in thejudgment of convjction and order of sentence. * 16.Consequentiy, the appeal being without substance is liabie to be dlsmlssed and it is hereby dlsmissed. Sd/- T.P.Sharma Judge Sd/- R.L. Jhanwar Judge