A^ •lit- HIGH COURT OF CHHATTISGARH M? BILASPUR (@.8) CRIMINAL REFERENCE No. 1/2000 State' of M.P.(chhattisgarh) -V- Bhim MohnBnad CRIMINAL APPEAIi^No. 2653/2000 Bbim Mobiianad -V- State of M.P(chhattisgarh) JUDSMENT for consideration tge aj -2-2001 Sd/- ChiefJustice -y-/ Post for^i%-2-2001. Sd/- R.S. Garg Judge HIGH COORT OF CHHATTISGARH : AT BILASPUR Crlm-i-nal Reference ~ No. 1/2000 State of Madhya Pradesh VS. Bh-im Mohd. S/o Niyaz Mohd. . Appellant Respondent JUDGMENT By Hoa.Shri R.S. Garg.J. uw ThJ.s.i.s a reference under Section 366 of / the code of Crimlnal Procedure^ as the learned Addlt-Lonal Sessions 3w3ge, Khairagarh (Sessions Dlv.i.sion Ra janandgaon) -i.n Sess-i-ons tri-al No.64/2000, vlile -tts judgment dated 29.9.2000, finding the accused gu-llty under Sectlon 3 02 I.P.C. has awarded extrerae penalty/capital punishment. The accused bej.ng aggrieved by the Judgment and sentences awarded to hlm has filed CrimJ-nal Appeal No.2653/2000 cha.llengl.ng the correctness.propriety and validity of the judgment an<3 the flndl.ngs recorded by It • 2). This Judgment shall dispose of crlminal Reference N0.1/2000 and Crimir»al Appeal No. 2653/2000. 3). The. charge against the accused is that In between 9th October.99 and 13th October,99 he committed murder of hls mother Khwajan Bi and thereby committed an offence punlshable under Section 302 I.P.C. The accused was also charged te ff-i !R»atNnslfBBB ^A^ ;i:tS!l !"'t-t-T1 2 - for an offence pun-t'shable under Sectlon 201 I.P.c. on the ground that to cause d-i-s-appearance of the materlal evidence; after cutting the body of his raother -ln.to pieces, he paeked tbe same in different bags, threw some.bags In a rivalet ( Nala ) and some were burried in a plt used for stacklng / pJ.acing the cow-dung. 4). The prosscution case In brlef is that on 13.10.99 Sheikh Mohd. P.W.7 (Son of the aceused) and Mohd. Chand P.W.l- (flrst cousln of the acgussd.:) informed the police that shelkh Mohd. had gone to his in-laws place on 3.10.99; after his return on 11.10.99 when he came to his house he found that c hls grand-mother Khwajan Bi was misslng since 9.10.99 and her where-abouts were not known to any-body. He also reported that Khwajaft Bi was a vegetable vendor, who left some tomatos with Shyambai ..r'" who Informed hira that Khwajan Bi was not traceable. He also informed the polj.ee that people were whlsper- y j-ng in the village that sorne parts of the body were lying In a r-ivulet; on that he a-Long w-Lth Moh<3. Chand. Azmal and one Rathore went to the spot where he found. a plece of right hand whlch was wearing some ornaments and at some disfcance a leg was ly-i.ng. He informed the po.lice that after ldentl.fyi.ng the said ornaments he was convlnced that the pleces of the body recovered were of his grand- mother's body. He also infprmed the pol.tc e that at some distance a bag was lyi.ng under water, from which bad smell was coming. The sa.ld inforroatl.on Bli<l!sn 3 - was recorded at marg No.13/99 on 13.10.99 at about 11.§0 -®JE SiAAfi^I p.m. The said recorded information has been exhAbited as Ex.P/15. After receiving the information nothing was done on 13.10.99, but the police officer caine to the. said rlvulet on 14.10.99. He recovered the pieces of tha leg and hand whi.ch were indentlfied by Sheikh Mohd. and Mohd.Chand. Seizure of the sai-d articles (teie .effected , there- after, Dehati-nalishi was lodged by P.W.l Mohd.Chand. Memo of corpus (Naksha Panchayat Nama. of the dead- body) was prepared; first informatlon report was registered; on information recelved from the accused remalning parts o£ the' body were recovered from a pit and almost at the same time an axe,. sickle and Karta (long shlrt) belonging to the accused were recovered. 5). Accordj.ng to the prosecution the accused had some differences wlth his own monther because she had g-tfted or given away some part of the agri- cultura-l land to her daughter i.e. sister of the accused. The accased tak-tng an exceptlon to the conduct of his mother was pablicly saying that some day he would murder his raother and cut her into pieces. On 14.10.99 the accused was arrested. After recovery of dlfferent pieces of the body, saiiie were sent for' post nicc"tem. The doctor opiaed that cause of death was asphyxia due to :-E.hiCC>tefcl.A3'%^E', and body was cut into pieces after the death of the fieceased. 6). On completion. of the investigation, finding that every needle of allegation was pointing -^pwards L-jauwnif»""-(- (.(.IM-'-.flt fy&j^^'fwss^ BWwsfwfhutorinliiK^ i|u. 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"3*d'-l0 99E uo-pq.osg -ispun psJTn&s-l sv • ( ^ •q^esp o^ UTq psous-^uss pue '3*d°I TOS Pu@ Zo£ suo-r^osg -ispun 3TqpqsTand a^sssi.isjg;® -103 wc"q PS-^OTAUOO peq •surr.o sq-t 50 -toq^nB sq^ SBA pssTioae si-c^ ^@M:t SufMoqs ATJBSTO .S-I^M p-ioos-z uo q.qBno-rq esoUB^sumo-lTD ay^ S3 pue ^TTr>5 3LI:> auioq SuT5ui:j:q UT- •[n^sssocins SBM uoT^noeso-id avf-f. ^.eq^. ptsy sfipnf -i-BT-I:t peu-resT sq-j. / 'sST'q.-ied sq-t Sa'j'-testi -i3^.3:¥ •3'd'-t0 CT£ uoT^osg -tspun pssnooe sq^ psuTiuexs 'souspTAS OIUT T/a*X3 pue 8T/d o^ J./d'xg BuTA-FSae-l -tS^3e pue a-lp.fUBg'd'X 6'M'd pue Q9fr'ON siqe^suos pe%H 'EUUsqs pBSB-ld puso 8'M'd *PM°H M^Tsqs 4°M'd 'uiT-[es 9'M'd 'Efr^'ON STqe^suos 'AepeA pBse-td -reMqsl s'A'd '-toi.ssdsui -qng ^UB^STSSV *T^eqBrj 'o'a fr'M'd *3-iBl(X'5I"V •-ia E'M'd '6sg jssujes Z*M"d 'pueqo-pqoH T'M'd 30 s^usms^e-ts sqi. SuTp-toos-i -isi.jv '• •['eT-T^ 0^ tuTM ^l'd pue pssnoae 3L;4 -^.suTBfie SAoqe 0-4 ps-i-is^sj .se ss6j^i.ro sq-1. psiuB-t? s5pQT TBT-It pau-res-i- sqj, 'UTq ^sureBp psfr? sew ue-n-eqo B 'pasnooe aq^ jo ^TTnB sqi ^ - ^-..:^i C^3 5 - Yashwant Tiwari. present In the Court volunteered to help and assist the case and cause of the accused. On the next date of hearing, Shri Hishore Bhaduri also offered hJ.'s assistance to the Court. 9}. We -have heard Shrl Yashwant Tiwari and Shri Klshore Bhaduri for and ^on behalf o£ the appellant and have also heard Dr.N.K.Shukla, learned Dy.Advocate General for the State. 10). Leamed counsel for the a'ppsllant submit that the Court below in its zeal to convict the appellant and to award him the capital punishment t has not only ignored the material pleces of the evidence, but has even ignored the basic prlnclples of law. According to them, the facts which have been brought on reoord do not make out a case even for record-tng the convlction of the accused. They submlt that a chronological detall of the events in comparision to the documents prepared by P.W.9 K.P.Banjare would clearly expose ho.llowness of the prosecutj.on case and would show that present is a case of concocti.on and manufactur-tng o£ the evidence. They also subm.i.t that but for the two circumstances; firstly that the accused made a confession and secondly some parts o£ the body were recovered at the instance of the accused, no other evidence was brought on the record by the prosecut-ton. Accordj.ng to them, these two c-Lrcumstances if are examined on the anvil of, basic cr.lmlnal jurisprudence it would clearly appear that the appellant -ts 6 - Innocent and he deserves to be acqultfced. According to them, P.w.l Mohd.Chand, P.W.7 Sheikh Hohd. and P.W.9 K.P.Banrjare connived with each other and prepared a stage .for'.sacrifj.clng the accused for an act wh-i.ch he never -oomm-ltted. 11). Qn the other hand, Dr.N.K.Shakla.learned Dy.Advocate General submits that the personal knowledge about burial of the parts of the body of the deceased was exclasive to the appellant and as under his-memorandum gunny bag contain-Lng the parts of the body was recovered from a pit, the Court below was absolutely justlfiied in recordlng a flnd-Lng agalnst the appeJ-lant. He also submlts that P.W.7 Sheikh Mohd., real son of the accused and P.W.l Mohd.Chand, flrst coasin of the accused, had no reasons to speak unnecessarily against the appellant and if these two near relations of the accused are stating before the Court on oath that the accused confessed his gullt before nuraber of the persons, then, there is no escape but to record a finding of the guilt. He aiso submlts that the manner in which the accused commltted raurder of his own mother and tri.ed to dj-spose of the body, capltal punishment -L.e. the extreme penalty was just and proper. 12). We have heard the parties a.f. length and haye gone through the complete records. '': :I ?((^ 13) Before we proceed to discuss the matter f=^s^'~~-—-——^ ' 1 '._sS!^S^:S<s^^9'-"'! a Ap-i-rt?. iu-h ^ "I^Tfc ^ Jjff '4p ^li: ^Lb Ml?i; I ^ li^hU!? l^ tt-Ui 4^fe 66 '01 -6 •^j- JA -VJ-^ -y&^£ aj- -Ui"1 -LyA bja JJ^JE ht.f 2i3 -^ 66-01 -I 1 •^f- I 112 l^k JJ.i& ^fiia tiA^ (<)! ?.RK' ftia ^ 4^1& 4^blE 3tt J^ 66-01 •£ -y. 1 -ys ^Sl lusff; ^h ^t3 dsyj^S. iti b^ M£ i-y^& ^ ^-h t'tt?i=j -yi b4ft!s j-a i^pj-ft ^ -tM^-y- <^£'-yi -y3^ IMJ"£ ?w^ -y"sA *4p 4^3^. £k^J^ '-y? -yJ3A t^ AO j^hiE i^ ^it^s? j±t -i^s _V&!it iy. ii?i ?<fe ^3. pi,h?j- -v±j.s" ^(iuje riia <^ bj.&.-j^tt ?i ?^3. 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PSJSASS UOT^.EtUTI.UT pTBS Sq^ JO sBed qoes ^.eq^ s-tesdde ^l 'ssSed OM^ UTST ST/d'xg -tSpUTl pSpJtOOSJ UOTq.EUIT^UT Sj:BIU eqj, 'sge^s STq^ te pspuedde sq o~^ ps-TTn&s-l ST siou e 'i-Tp^sp S^T UT L - -8- (£) 3^1- % urWr irmfl §3iT i sv-fi ft^RTft ^ cMni WcTT -?ST iTffT •^f WT 1 ST5[ ^ ^T=1 ifPff ^ •Et'Erf €rr€t aft 1^i irf^TT ?cr w rm w ^T ?)& g? TOT wmr TITTT ^ 7T? ^ qrr & i m ^B flt. I|TC, 3{uTt|pr $4 <-lb^< ^ WTV X<ft 3WT 1 rN ^ST fii) irf&nT ^T W tTTf^TT BTiT ITTT t 1 '^t W TET ire^t & $B^7 ^ W^T TST t 1 ^PTf ??T ^Rft uiTsrqrT ^r ^R STrIT t 1 ???T sry ^T-^t w irer ^®iTirr^TTT f^i ^V^ 'STf^' •smuFr '^ ¥T eTy t i s^T? wr ST^T 5TPT ^T fWT 1 ^TftR' ^T qr Ti^r ^ ^3Rtr sn^- qr ^n^ .q-Fft ^) 3r:^T crft & 1 qgf ^ ^^ 3IT TeT t 1 rrf^ 9 S^? wt ^Tff t 1 f^> t?r ^ 3f^T SH f^nf ^ieT f^n- i ^? UCTT g3TT, S^T uTR^Tft" ^"^t" & 1 f^i p^£T? if3f g^-crar ^TTO w? -P=r'^i—- f^TT ^ 1^-rar irm- i f^fr^ •TO.^t.3iar. Tietw ^ Wr t i We have already given the substance of the said Ex. P/15. -————— t;ir ^;i:;'^®-t"' - 9 - 15 ). From a perusal of Ex.P/15 It would appear that on 13.10.99 the makers of the report i.e. P.W.7 Sheikh Mohd. and P.W.l Mohd.Chand heard the whispers in tbe village and to verify the cor- rectness of the saj.d whlspers, they went to the said nala there they ^ound a plece of hand and leg. They also found that at some dlstance a submerged bag was lylng from whi.ch bad smell was coming. After identifying the ornamgnts whlch were on the hand, found on the spot, they were convinced that it was of Khwajanbl. It would be materlal to note that not express'-any susplcion agalnst any-body, / ' northeyhad named any-toady, who fed th&m the infor- mation . 16). At thls stage, it would be necessary to look into the details of the investigation and the tlme at which a particular thing was done and the document was prepared. (i) 3-10-99 - P.W.7 Sheikh Hohd. had gone to his ig-laws ^±aee. (ii) 9-10-99 - The deceased left tomatos wlth Shyam Bai. . (111) 11-10-99 - P.W.'i! Shelkh MoHd came back and was informed by shyam Bal that the where-abouts 6f Khwajan Bi were not known to any-body. (iv) 11-10-99 - 13-10-99 P.W.7 Sheikh Mohd. went in search of Khwajan Bi and also Informed P.W.l Mohd.Chand. (v) 13-10-99 - at about 5.30 p.m. as stated by P.W.l Mohd. Chand and P.W.7 Shelkh Mohd. sorae parts o£ the bo^y of "the, •rf .4 i i^ 10 - EBI deceased Khwajan Bi were lying nsar Kuda Sagar rlvulet. (vl) 13-10-99 - at about 8.30 p.m. P.W.l Mohd.Chand and P.W.7 Sheikh Mohd. went to the rdvulet, found the pieces of •''the body, identified the same. (vii) '13-FO-99 at about ^lT.5;O^B.En. ? " - , jEtisrk(almost after about three hours of recovery of the leg and hand ) went to the police station , gave the Information , dld not express any suspicion against any-body. However, they did not inform''the police that one Konda -i.nf ormed thera about the pieces of the body. (ix) 14-19-99 - at about 11.05a.m. - vide Ex.P/2 - pieces of leg and handjjue.ye. j.dent.i.fj.ed by P.W.7 Sheikh Mohd. and P.W.l Mohd. Chand; (x) 14-10-99 - at about 11.30- vj.de Ex.P/4 - gunny bag, bones and Kurti (long shirt of the deceased ) were seized• (xi) 14-10-99 - at about-11.50 a.m. vide Ex.P/3 '. _ part of right leg was seized. (x-ti) 14-10-99 - at 12.10p.m. - Vide Ex.P/1 Mohd.Chand P.w.l lodged the Dehati Nalishi, which was recorded by P.W.9 K.P.Banjare. (xiii) 14-10-99 af- time not known - vide Ex.P/5 - notice under Section 175 Cr.P.C. was given to the witnesses by P.W.9 K.P.Banjare. (xlv) 14-10-99 - at 12.30 p.m. vide - Ex.P/6 Naksha Panchayat Nama of the body and head was prepared (it refere to the memacaBaUiS of tjie ^ 11 - accused prepared under Sectlon 27 of the Evidence Act) . (xv) 14-10-99 — at 1.15 p.m.- vide Esc.P/16 - Dehati Nalishi. was conver-ted into first informafclon report• From 'the spot, it was taken by P.W.5 I.P.Yadav and was given to Gend Prasad Sharma, P.W.8 who recorded the F.I.R. (xvi) 14-10-99 - at2.IO p.m. - vlde Ex.P/7 memorand.um of -the accused under Section 27 of .the Indian Evidence Act was prepared, giving informatlon about the body, head, axe, sickle and about the stalns on h-tS clothes. (xvii) 14-10-99 — at 3.15 ?.m. - vlde ESc.P/9 Seizure of body and head. (xviii) 14-10-99 - at 3.25 p.m. vide Ex.P/17 — Panchayat Nama (memo) regarding leg and hand; (xix) 14-10-99 - at 3.35 p.m. - vide Ex.P/lO, stained and plain earth were recovered from the alleged spot. (xx) 14-10-99 - at 3.55 p.ra.— vide Ex.P/8 axe, sickle and Kurta of the accused were seized. (xxi) 14-10-99 — at 6.30 p.m. - vide Ex.p/19 - the accused was arrested. 17). It 1'yould be also profitable to refer l.ils.i, Wha 12 - to Ex.P/11 the spot map dated 14.10.99 , from where the h'ead and stump of the body was recovered and Ex.P/12. the spot map, dated 14.10.99. of the place from where the lecf and hand were recovered; Ex«P/13-A, application dated 14.10.99 for post mortera of'the body and Ex.P/13 -post mortem report dated 15.10.99. 18). It is note-worthy that the kurti o£ the deceased, two gunny bags, stained and plaln earth, axe, sickle and kurta of the accused were Sent to the F.S.L. vi<3e Ex.P/18, vide the report dated 17.1.2000, the F.S.L. reported / that the Kurta belonglng to the accused was stained wlth bloo<3; while other articles were not so sta.ined. It would be nece.ssa'ry to mention that Kurti. of the deceased was recovered from the spot; gunny bags were used for wrapping and packi.ng the pieces of the body. Allegedly stalned earth was recovered from the house of the risaBSGSB^ accused. The axe and sj.ckle were used £or cuttl.ng the body into pleces. These artlcles wh-Lch ordinarily should have been stained wlth blood were surprisingly not so stalned. contd. 13/ ,g^®SBi^SiS(%^:!^ 'P'r. ^''t'."*TZ/lf't.iro'i~,''. s'-: [i^, ^ 20) 21) We are forced to glve the details of time and the events beeause the same are goiag to play a mater'ial role in the preseat matter. PW-1 Hohd.Cband, the first eousin o£ the aceused stafced An the court that on 13.10.1999 afc abaut 3 P.M. sheikh Mahd. ( PW-7 ) eame to hls shop and asked hlm that bis grand mother was nissing» On this the witnesis aslted Sheikh Mohd. since whea the grand mother was aissiag. Sheikh tOhdoinforned him that he had gone to his ia-laws* place about 8 days baek, had come baek on Monday and since thea grand mother not seen,therefore, he had come to inform the wltness. Sheildi Mohd. iRforned-him that firstly he had gona to paternal aant,thereafter,he had gone to Amiran Bi. the sister of the deGeased and there- after he had goae tp parental hoiase of the deceased but as she was not traceable at cuay place, be had come to the witness so that a report be lodged with the Police. Aceording to ths witness he asked Sheikh Mohd.to aake a report at the Police Station. Accordiag to BW-l»»BMSl»aad in the saae eveniag when he waa stariding on ttis fruit shop, one K&ndha allas Nabi Bux called bimand enquired froa hlm that since when the deeeased was mlssing. Oa that the witBess iaformed said Koada that she was misglng for last t»»o days and She.l.kh Mohd. was makinga searcte Swe-Uist c Konda alias Nabi Bux informed this wifcaess that deeeased has been mtu-dered and her one haad and one leg were lytog near Budha Sagar rivulet.where he foand rigbt hand below the elbow. The said hand had soiae ornaaents on lt. The witnesa tbereafter lodged the Dehati Nalsi (Bx.P-l ). Accprding to him, apart .-^^-"«"i-"^c'-^!te£ »< II .11 I'lsa] )|li!;: ;|j •••.r.-^^\'.S-,-SKKKSS'is.s'eai.'!tse!S!-': A-H!^»2niwl'»»ltMW»»!Stfe::.\.BS"iifoiWBitftf'<ysBn'l<w«K '"Bniiii " '''" ajnaTss stp'ess^wyM sv^ o"> SUTpjtooov •ps^SAOsea S^SN Apoq a<n ?o dnm^s pue pesq ejsqn wciaj •^fS jeTnafl^ed e spjsno^ pa^aTOd pssnooe etn dOT^efiojja^UT jstn^n? ao »^Td B 3»9w esetS seftiaf^ssS e o^ soTiod at<4 i(oo^ sa-tjvssevR peenoov 'aoetd ^sexs sin noqs cq »ffTq pasise a-[dbsd soTfod sqt qnc( SUOT-^BOTPUT w^v^aaQ speai ^p&enooB aio'sTtR u& 'Apoq avt^ so s-^seS JSIRO stR e3»» V a.tsttn ^nq ^sTnAT-a etR -resu pe-iaAoosj ussq SA'eti es-t Ipas paeq aqt 50 t.nd e ^BtR pssnpoe 8(0 psi(SB soTTOd stR ' ss-^jveasifj, <Wd SS'E 'a®8-d xs ^e psjeda.td sen •evseffva pue B'»3Tm<STXOTS*8x* 50 S^RZTSS stll •esq^o^o pfes SIR 6uT3»a«SBM eq aoas3?o sin 30 UOTSSTWUOO fo eiur^ sq-t ve yevpt aafioS sVft pauuo^UT sq eaiooia PTBS sq^ &UTAT6 eTTtp* Plre wuefT^d POB *s^Jn^ eTq 8AB6 os-te'pqow Wfvia pssnooY •q^.res 50 SUTB^S SJSN saatn ssre' pfBS stp 30 eTpueq sip uo ·G·n6^s pire SXB ue qno-^qSnoaei ptre iioot aq'? padsdo 'stetosd aoTToa av^ 10TM ssnoq 8Ti( <»»qiistt*pt(cw UTX}B pssnsoa as^jseasq.E, '666T*QT*frT uo •M'a'OT'e qnoq®^B psaedsaa eaM .•>Usut>o'op-sq-t.oq,i'''fiUtpAoSSf?l'-aB'xa''ss»u^TW Bfvn ' jo wavasasS vf paaedsjd een 1,-d xa ainpuejotusu 3^3, •ssaafd OtUT ^poq 8tr» ^no pBi[ et( ^sin soTTOd a«n ywaaoyuj ssvt^smy pu®Sun:*">^®-itft^<l aaq^ou Sty pstfpl aq leift SSSU">TN STtR ?o eouassad ST uoTses^uGO B 9pSBi<'aaTTOd stn 30 ApCQSno OT SaTsq STW* paenaoB aqj; 'vffVf wosysjaTFSw{ UTei^as spen ssT'iod pue ps^ • -'ssaxs sex'pqcw uiTtja ps8Tiao8».ta'>?ea3&ttt •^ode stR uo pazTee aaait Apocf atp 50 s^jtect aaqys pwe passassp sq^ <n 6UT6uoTsq Tt-nM "tsqi ps^e^s ^sea-ta SH •Aptx? st^ 50 esosTd etR yajjfviapf peq 8es<nT» a<?» Z-a xg .rapufl "^eTnATJ SIR UT SuTJtf eefv sew Apoq ueumq sil^ ?o •eaB'Fd BuTtrye^uoo Seq s pire ^einA-Fa 8in j®»upuneg; oeie SBM gai ja soQ^& B pasq I^STJ uoa? m »r TBB-—' -)' 15 — 22) 23) 24) was prepared on the sgot under Ex P-9. Ex<, P-9 was prepared on 14.10.99 at about 3.55 P.M. In tbe eross exaiftiaation ths witnsss stated thaC prior to the incideat he nevar lodged any report with tbe poliee about aavai dispate of property between Bhia Hohd and deces^ed Khwajan Bi. It was suggestbd to him tbat tbe deceassd was li«ing wi.th tbe witness for about one month bat he denied the said suggestion. It was suggested to bim that the shop of the accused cU»d his shop were adjoining to each other,tout tbe witness denied tfae suggestlon. He however asserted that acaused was-working regularly in hls shop. Xt was admitted by biia fchat it was Konda who gave the infornation about the leg and hand. He also admitted that/ln his sfcatement recorded under section 161 of the Code of Criminal Proeedure.he did aot infoca the policeabout the confessional state- ment made by the accused. ?ron the statement of this witaess it would clearly appear that on 13.10.99 he was iaformad by Sbeilcb Mohamnad about missiag of the deceased, he required Sheikh Mohd. to lodge the reportwith the poliee, At about5.30 P.M. he was informed By KOnda that some parta oflthe body of the deeeasedKhwajan Bi were lyiag near tlie rivulet.there was sone disputf atoout the property between tbe deceased and the aceused aad io his statement recorded under seetion 1SI of the Code o£ Crininal Proeedure.he did not in- form fche Police that accused confessed before htm that he bad committed the murder of his mother. It would be important to noty that hs l:<! •( -^:;^TT-?:':"T1-r^.^^F?^^in^^a?i' °~*EBffiB!^^^S°''°(£IITffiUi^i(SB^8R 25 ^®<e» X6 — reeeived the Inforaation at about 5.30 PH, did not go t® the spofe upto 8*30 PM aad even for next three hours dld not lodga any reporfc with the Polise regard- ing hand and leg whieh were found aear the rivulet an3 ~ in his presence when Shaikh Mohdo was lodging the reportj he did not express hls suspiclon againsfc the aceused. It would also be no.te-worthy that Kanda alias Kabi Biix who gave the information to this wltness, has not been examlned by the proaecution.It would also be note-worth} that Shyamabai who gave the informatAon ta Sftelkh Hohd« that deeeased was niisaing for £ew days.has also not beenj examined hy the prosecution» PW-7 Sheikh Mohammad 1s the real son of the accusedo AccordiRg to him a dispute was going on between the accused ana the deee^sed because the deceased had gifted or gtven away two acres of laad to her daughter j| i.e. paternal aiiat of tbe witness. Aceording to bim, the aceused used to fight wifch tbe deGeased aad ened her that some day he would cut her iato pleees* According to him, he had gone to the poliee statlon for lodging the report tout the police did aot record the same and recpired him to make yet another search. When he was coiaing baclc froan the poliee stafcion, Konda met him on way and informed hlm that a body was lying near the rivulet. On this, he lad gone to the said plaae where he fouad a piece of taaad and a piece of leg. Tbere were ^some ornaments/on the tight hand^lying on the spot. He inuaediately identified the said orna- ments and pieces o£ the body. According to hlm, l&a Ammediately went to the Poliee station and lodged tt»e report. Accordlag to hin the policy party reached the spot at about 9 P.M. . The Police prepared certain documents on the spot and therea£ter,aceused_Btii!a-Jt9hd. .^ i|3;q; i[g^^^s^i^Kfc.©.» h ^.y __{, w i > ji;l i-a J! 1 y :i e^ess^uoT^ass »uoTses?HOo tp>T>s ?o A-»T-['yqtesTUpB »q»e^ 8Te&tn.-T^ue s-:re ^°V sauspTAS ueTPUX SMI 3® 9Z UOT^OSS pus gZ UOT'PSS •eouapTAS UT STqTssTUipB -UT auoosq pTn®"SBIBS siy)*Apoisno UT ST pssnoos sq^ STT'4*1 soTiod sin 30 sousssjd UT speu 37 ^usu -S'^E'46 TBUOTSSSJUOO B JI 'JPStO ST A^TTT<ITSST'BP® s^T PCB tiOTSss^uoo 30 uoT^ssn b svf^ ao MB^ sqji •ssosTd cquy ^eq ^no peq eq pseesosp yo sspsaew S(R BvT^'vfWsioo sa^fe tvv^ soTiod ®y»psui -aeswT avf sssv^fit SIR 30 souasaxS wf '^pcqsna UT s S'BM paenooe sip 8TT<<a pus spBUi SSM uoT^e6ojje-)UT