DB: HON’BLE Mr. L.C. BHADOO & HON’BLE Mr. T.P.SHARMA, JJ a CRIMINAL APPEAL NO. 564/2007 Judgment for consideration \ T. P. Sharma J Judge \ ,\, 7_-_ ‘_ Hoa n’ble Mr. Justice L.C. Bhadoo W L.C.BHADOO Judge R‘ Postfor pranouncement on f -4-2008. N APPELLANT Tatl' Jaggu VERSUS RESPONDENT a State of MP. (now CG) Q§iN HON’BLE Mr. L.C. BHADOO & HON’BLE Mr. T.P.SHARMA JJ \ CRIMINAL APPEAL NO. 564/2007 APPELLANT Tati Jaggu son of Tati Somaru, aged about 45 years, occupation Agricuiture and Labour work, resident of village Gadapal, police station Kuakonda, District Bastar MP (now CG) ’ VERSUS State of M.P. (now CG) RESPONDENT Shri V.K. Pandey counsel for the appellant. Shri D.K. Gwalare, Additional Public Prosecutor for the respondent/State. J‘UDQMI (Passed on e3 4.2008) T.P. SHARMA, J This appeal is listed for hearing on admission. As the accused is in detention since 1.4.1995, with the consent of counsel for the parties, the appeal is heard finally. 2. This appeal is directed against the judgment of conviction and order of sentence dated 18.3.1997 passed by the Sessions Judge,Bastar at Jagdaipur in Sessions Trial No. 214/1995 whereby the learned Sessions Judge after holding the accused/appellant guilty for commission of the offence under section 302 of the IPC sentenced him to undergo imprisonment for life. 3. Case of the prosecution in brief is that deceased Tati Bume was the sister—in-law (Bhabhi) of the accused/appellant. The appellant used to quarrel with Tati Bume and beat her. On 29.3.195 in the night when the deceased was sleeping in her house, accused/appellant assaulted her with axe on head. She succumbed to the injuries sustained by her. Matter was reponed on 30.3.1995 in police station Kuakonda vide Ex. w ww~ 4. , (P-8) by Tati Jagara (PW-2). After registering the FIR, Investigating Officer registered the merg intimation Ex. P-11 and left for the scene of occurrence. Accused/appeliant was taken into custody and on his confessional statement Ex. P-9 regarding the place where he had kept the axe, recovery of axe was made at his instance. Dead body of Tati Bume was sent for autopsy under Ex. P-12 to Primary Health Centre, Dantewada where Dr. U.N. Diwan (PW—6) conducted the post mortem on the dead body of Tati Bume and found one incised wound on right frontal area of head 3 x 1/2 x 1/2" in size another incised on the left temporal area of head 2 x 1/2 x 1/2" in size. On internal examination, fracture of bone of head of frontal area 3 x 1/2 x 1/2” was found. Cause of death was coma due to head injury. lnjuries were ante mortem and the death was homicidal in nature. Plain soil and blood stained soil was seized vide Ex. P-18. 4. After investigation, charge sheet was filed in the court of Judicial Magistrate First Class, Jagdalpur, who in turn committed the case to the sessions Judge, Jagdalpur, for trial. 5. Prosecution in order to prove the guilt of the accused has examined as many as six witnesses. Statement of the accused was also recorded under section 313 of the Code of Criminal procedure in which l he has denied the material appearing against him in the case of the prosecution and pleaded his innocence and false implication in the case. 6. After hearing the counsel for the respective parties the trial Court " has convicted and sentenced the accused as aforementioned. 7. We have heard'counsel for the parties and perused the material available on record. > k i7? / t 8. Homicidal death of Tati Bume is not disputed by the counsel for the accused/appellant. It is otherwise established by the autopsy repott Ex. P—17 and the statement of Dr. U.N. Diwan (PW—6) who has stated that on 31.3.1995 he conducted the post mortem examination on the body of Tati Bume and found one incised wound on right side of head in the size of 3 x 1/2 x 1/2" and another incised wound on left temporal area of head in the size of 2 x 1/2 x 1/2 On internal examination, fracture of bone of head of frontal area 3 x V2 x 1/2" was found. Injuries were ante mortem r and the death of Tati Bume was homicidal in nature. 9. The above medical evidence is supported by the evidence of Tati Mangli (PW—1), Tati Jagara (PW-2) and Tati Rame (PW~3). Thus the medical and ocular evidence is sufficient to establish the fact that death of Tati Bume, was homicidal in nature. it 10. lt is submitted on behalf of the accused/appellant that the prosecution has not adduced any reliable and clinching evidence to connect the accused/appellant with the crime in question. 11. On the other hand the impugned judgment of the trial Court is supported by the counsel for the respondent/State. a 12. In order to appreciate the argument of the counsel for the parties, we have examined the evidence of the witnesses. Tati Mangli (PW-1) has stated that in the evening before the incident, Tati Bume came to house and informed that the appellant quarreled with her and assaulted ~ her. Thereafter, in the night accused/appellant came to her house and - made extra judicial confession that he has killed Tati Bume (Maar diya hai). She immediately went to the house of Tati Bume where her dead body was lying with injuries on head. Tati Jagara (PW—2) has stated that he was informed by one Ramu that Tati Bume died as a result of injuries inflicted by the accused. Thereafter, he informed the Kotwar about the incident and went to the house of accused and saw that dead body of Tati Bume was lying there and there were injuries on her head. She went to the police station and reported the matter under Ex.P-8. Tati Rame (PW-3) has stated that when she went to the house of Tati Bume, she saw her dead body lying on the cot and there were injuries on her head. She presumed that Tati Bume was assaulted by the accused/appellant as before the incident there was quarrel with her. However, she has not seen the incident. Madvi Sanna (PW-4) has stated that at the instance of the accused/appellant, recovery of axe was made under Ex. P-1 0. 13. Case of the prosecution rests on the circumstantial evidence. The circumstances relied upon by the prosecution to connect the accused/appellant with the crime in question are as under: (i) Previously there was quarrel between the appellant and the deceased, and the appellant was in the habit of beating the deceased; (ii) before the death of Tati Bume, she had informed Tati Mangli (PW-1) that accused had beaten her in the evening; (iii) just after the incident in the night appellant came to the house of Smt. Tati Mangli and made‘extra judicial confession before her that he had killed Tati Bume; (iv) after the incident the accused absconded from the village; (v) weapon of offence i.e. axe was recovered at the instance of the appellant. ‘ ’ 1 ln case of circumstantial evidence the prosecution is required to prove {5 t the complete chain of circumstances sufficient to draw irresistible conclusion that it is only the accused and none else who has committed the crime. The prosecution has relied upon the pre and post conduct of the appellant and the extra JudICIal confessmn made by the appellant Conwctlon based on extra JudICIal confesswn If It Is voluntary and true 14. ln the present case Tati Mangli (PW-1) has stated that at night the appellant came to her house and made extra judicial confession that he had killed Tati Bumo. Thereafter, she went to the house of Tati Bumo where her dead body was lying with injuries on head. Nothing has been suggested to this witness by the defence to discredit the fact of extra Judicial confessmn According to the statement of Tati Mangll (PW- Tati Jagara (PW 2) Tati Rame (PW 3) and Madvr Sanna (PW—4) before the moldent accused quarreled With Tati Bumo and after the inCIdent he absconded from the Village The defence has not been able to bring anything on record which faISifies the testimony of the prosecution WltneSSes 15. Therefore in our opinion, aforesaid chain of circumstances is sufficient to draw an irresistible conclusion that it is only the accused and none else who has committed the murder of TatiVBume. 16. it is argued on behalf of the counsel for the appellant that there was no prior intention on the part of the accused/appellant to cause the death of Tati Bume and therefore the offence against the appellant does not travel beyond exception 4 of section 300 of the IPC 17. Evidence available on record clearly shows that in the while Tati Bume was sleeping in her house accused went there With axe and assaulted her causmg three fatal injuries over her head and Tati Bume draw irresistible inference that the appellant has intentionally caused the homicidal death of Tati Bume. 18. Having heard counsel for the parties and considered the evidence available on record we do not find any illegality or infirmity in the impugned judgment of the trial Court and the same does not call for any interference from this Court. 19. Consequently, the appeal being devoid of substance is liable to be dismissed and it is hereby dismissed. Sdl- ”i L.c.BHADoo Judge sidi- T. P. Sharma i Judge rA‘ ‘a’ " \ l