HIGH COURT OF CHHATTISGARH AT BILASPUR Divmon BENCH 7 com: iiou’nm m mt 3mm 4. Hom'nm mg. R. L. JHANwAR, 4g. CRIMINAILAPPEAL NQ- 933/0? APPELLANT (IN JAIL) V? Chandrika Prasad, S/o Dujeram Satnami, aged 32 Years, Resident of Adbhar, Police Station Malkharouda, Distt Janjgir— Champa (Chhattisgarh). V RESPONDENT n State of Chhattisgarh, Through: . .Police Station Malkharouda, Distt. Janjgjr-Champa (Chhattisgarh).. _ CRIMINAL APPEAL V UNDER SECTION 374 [2l CRIMINAL PROCEDURE CODE. Present- Shn' R.S. Baghe], Advocate for the appellant. Shn' Arun Sac, G.A. for the State/ mspondent. OMGmiEm‘ (Passed on 31/08/2010) The following iudgnent of the Court wao Qaosad by T.P. Shawn. J:- 1 Challenge in .this appeal‘js to the judgnent of convection and order of sentence dated 14/2/2003 ,. passed by Additional Sessions Judge, Sakli District v ‘ Bilaspur in Sessions'mn No. 404/2002 whereby and where under after holding the appellant guilty for the 1 commission of culpable homicide amounting to murder l of deceased Resham convicted the appellant ”under 1M t Section 302 of the Indian Penal Code and sentenced imprisonment for life‘apd iinc of Rs. 1,000/— in default of payment of fme amount additional rigomus imprisonment for 3 months. Conviction is impugmdon the ground that Without any iota of evidenoe' sumcient for conviction Court bolow has, convicted and sentenced the appellant as aforementioned and thereby committed an illegality. As pelicase of the prosecution on fateful day of 31/8/02 at about 4 P.M. on account of house dispute appellant quarreied with deceased Resham while Resham was going for purchasing medicine then appellant came with small crowbar and assaulted over the head of Resham repeatedly. Resham stained with blood and fell down. Appellant iled away mm the spot along with crowbar. Mother of the deceased Dularabair Samami toldme mcident to her relatives and omen. persons and lodged First Information Report vide Ex.P-1. Marg intimation was recorded vide Ex. P-4. Investigating omcer left for scene of occurrence and after summoning the witnesses vide Ex. P—2. Inquest over the dead body of Resham was prepared vide Ex. P- .16. Dead body was sent for autopsy to Commtmity,. Health Center, Malkhanoda vide Ex. P—12. PWS Dr. , R.P. Km‘re conducted autopsy vide Ex. P~ 13 and found following injuries:— (i)-Lacerated wound over occipital bone of 2" x ‘A" x V4”. Hemotoma was found below tho injury. (ii) —Laoeratsd wound of W’ x Va” below the left thigh. (iii)-Abrasion over left buttock of 3”}: 1A”. "o f (iv)-Abrasion over left side of the chest of % ‘ sme. A (y)—Lacerated bound of left hand of W’ x W’. (vi)- Lacerated bound over right thigh. Cause of death was shock as a' result of excessive hemorrhage and death was homicidal in nature. 4. Appellant was taken into custody he made discloser statement of small crowbar vide Ex. P~20 same was‘ recovered at the instance of appellant vide En. P— l7. Hairs were adhered on crowbar. Blood stained and plain soil were seized nom the spot vide Ex. P— 18. Blood stained cloths of the accused/appellant were seized . vide Ex. P— 19. Photographs vide Ex. P—Ql to Ex. P—2’7 were taken. Sealed hairs of deceased were sewed vide Ex. P-36. Spot map was prepared vide Ex. P~38. Seized v articles were sent for chemical examination vide Ex. P- 40. The presence of blood on crowbar and hens found on crowbar were confirmed vide Ex. P—43. Hairs were @ found on crowbar and hairs taken out fmm the head of deceased were also examined by Senior Scientiiic Offlcer, Forensic Science Laboratory, Raipur vide Ex. I’— 45 and was found that hairs found upon the crowbar and hairs of the head of deceased were similar in 'morphologr and microscopic character. I Statements of the witnesses were reconied under Section 161 of the Code of Cmmmal Procedure, 1973 (in shorti‘the Code’). After completion of the investigation charge sheet was filed before the Additional Chief Judicial Magisuate, Sakti who in tum committed the case to the Court of Sessions, Bilaspur mm Where learned Additional Sessions Judge, Sakti District Bilaspur has received the case on transfer for trial. In order to prove the guilt of the appellant/accused prosecution examined as many as ll witnesses. Accused was examined under Section 313 of the Code 7 , where he denied the circumstances appearing against him, innocency and false implication is claimed. After ad‘ording an opportunity of hearing to the parties learned Additional Sessions Judge, Sakti District Bilaspur convicted and sentenced the appellant as aforementioned. Learned counsel for the appellant Shri RS. Baghel and learned G.A. for the State/respondent Shri Arun Sac . are heard. Judgment impugned and record of Court below perused. Learned ebunsel‘ for the appellantvehemently argued that, in the present case, PWI Dularabai Satuami allegedeye-Wimess has not supported the caee of the prosecution, prosecution has declared ‘her hostile. ‘Other Witnesses have also not supported the case of the prosecution. In absence of any evidence against the appellant, appellant is entitled for acquittal. 10. On the other hand, learned counsel for the respondent] State opposed the appeal and submits that PWI Dularabai Satnami relative ofthe appellant has _ not fully supported‘the case of the prosecution. In the present case, crowbar used by the appellant for commission of the od‘ence has been recovered at the instance of the appellant containing hairs, same was examined and compared bythe Experts with the hadrs z of head of the deceased and same were morpholog‘cally and microscopic character one and same. This circumstances alone is sufficient for drawing an inference that appellant is a person who has committed culpable homicide amounting to murder of deceased Resham. @ In lorder to appreciate the argument advanced on behalf of the parties we have examined the evidence available V on record. In the present case, homicidal death as a result of fatal injury found over the dead body of Resham has not l been substantially disputed. on behalf of the appellant en the other hand, otherwise also established Vby the evidence of PW5 Dr. RP. Kune and autopsy report Ex. , P-13 which reveal the fatal injuxy found over the head of the deceased and death was homicidal in nature. As regard the complicity of the appellant in crime in, question, PW1 Dularabai Samami, mother of the deceased has lodged the First Information Report Ex. P— 1 and Marg intimation Ex. P-4 but has not fully supported the case of the prosecution. She has deposed that just before the incident Resham and appellan were quarreling then she went for purchasing medicine i for Rampyari when he came after purchasing the. medicine then she saw the dead body of Resham. She. has specihcally deposed that she do not know who has caused the injuries to Resham and killed him. Prosecution has declared her hostile. She has denied the contents of Ex. P-l, Ex. P-4 and her statement recorded under Section 161 of the Coded In Paraell of her cross~examination she has admitted that appellant ’13. t ,V drika i h Chan Prasad s a er grandson who is son of Dujeram Satnami. Evidence of thi witness i mlevant s s to the etent that just before the incident, appennt x a s w esh d n k wa quarreling ith Ram an whe she came bac aer purchasing the medicine then she s the dead ft aw body of Res W§th injuries. It show that appellant ham s as e i the company f Rha last e befor w sen n o esm tim e de hh R was _ his ath and within short te, esham found dead. Present appellant not oh‘ere ny explnation has d a a that when he parted the company of Resham r has caused injury t Resham. o As rerd the disclosure statement of crowba and its ga r recovery is oncerd, PW7 Guhadas Mahant has not cne supporte .the memorandum Ex. P0 Prosecutio d -2. n has PWI S. declared him hostile. Investigating omcer O K Rathia has deposed in Para- 14 of his evidence hat he t has recorded memorandum Ex. P-20 at the instance of appellant in which appellant has disclosed B to B of Ex. 1 t P—20 which also contents the disclosure statement of crowbar which was found in kitchen garden. He has i further deposed in Para— 10 of his evidence that at the a, ‘1 t instance of appellant blood stained cmwbar was seized f Ex. P— 17. Ex. P- 17 reveals that blood stained and white hairs were adhered in crowbar. Blood stained clothes of appellant was also seized vide Ex. P49. Hans of a? o who _ deceased was also seized Ex. P-36. .PWé Ramprasad .Kha_re has supported the seizure of alothes in the mtchen garden. 15. As per evidence of PWIO KS. Rathia, Investigating - omoer sealed packet of hairs was seized Ex. P—36, same wem sent for chemiEal exammaxion Ex: P45 chemical *‘ '5 examination report of hairs reveals that hairs found on the crowbar recovered at the instance of appellant and hairsiof deceased were similar in morpholog andv microscopio character. It shows that both the hails were one and same. Present appellant has not oti‘ered any explanation that how he came to know about the crowbar, who had hidden it in the kitchen garden, how hairs were found in the crowbar similar to the hairs of the deceased. In absence of any explanation, the only conclusive presumptiOn would be possible that present appellant has caused injuries by crowbar over the head of deceased and at the time of causing imuries some hairs were fastened upon the crowbar. The aforesaid facts is also corroborated by the evidence of PWI Dularabai Satnami up to the extent of last seen theory. j 7 These two circumstances are only. suiiicient for drawing an inference that appellant has caused injuries to . Resham and except the appellant nobody has caused $ the injuries to Resham. ‘ @ After appreciating the evidence available on mmrd learned Additional Sessions Judge, Sakti Disu'ict Bilaspur‘ has rightly convicted and sentenced the a appellant as aforementioned. Conviction and sentence of the appellant is based on credible, clinching and legal evidence sustainable under the law. On close scruiiny of the evidence, we do not nnd any ‘ i illegality or iniirmity in conviction and sentence of the appellant. This criminal appeal is devoid of merits. Consequently, criminal appeal is liable to be dismissed u '17. \_\ and is heieby dismissed. /i //, Sdl— ‘, a”. Sdl‘ T. P. Sharma R_L. Jhanwga; Judge Judge