-Q) HIGH COURT OF CHHATTISGARH. BILASPUR Grimina!Apj3ealNo.5'73/2g05 APPBLLANT (In Jail) VERSUS RBSPONDBNT Dashinu s/o Budh Ram Caste Muria, agecl about 50 yeare/ R/o viUage Bakawaad, Chowky Bakawand, PS Nagaraar, Distdct Bastai' (CG) State of C.G. Through S.H.O. of P.S.Nagamar, District Bastar (CG) CRIMINAL APPEAL U/S 374 OF THE CODB OF CRIMINAL PROCUDERE Appearaace: Shri Ravish Veroia, coiinsel for tlieappeUaiit Shri Saxyeev Kiim.ar Agrawal, P.L, for the State. Divisioa Besich:- Hoaa'ble Shri T.P. Sharma & Hoa'ble Shri R.L.Jhanwar.JJ Per T.P.Sharma, J. ORAL JUDGMENT (9.2.2011) Challenge in fhis appeal is to the judgxnent of conviction aud order of sentence dated 16.6,2005, passed by th.e Sessions Judge Bastar at Jagdalpur in S.T.No.316/2004, whereby aad whereunder fhe leaaied Sessions Judge, after holdiag the appeUaat guUty for commission of culpable honiicide aiaountiiig to murder of his wife- Laxmibai/ convicted the appeUaiit under Section 302 of the IPC ao.d sentenced for life tmprisonment. 2, The conviction is mipugned on the grouiid that without there being any iota of evidence suf&cient for coavlction of the appeUaiit, the leamed Sessions Judge has convicted and ^© sentenced the appeUaat as aforesaid meutioned and thereby coDiniitted Ulegality. 3, As per case of prosecution, on fateful day of 18,9.2004, at about 11.00 am, appellaat was present m his field alongwith his wtfe Laxniibai (siace deceased). He assaulted his wife by geti aad caused her iastaataneous deatii. The appeUaiit also tried to coinoiit suicide by usiag rope, which was snatched by fhe witnesses, Sitaram (PW-5) aad Maiigalraai have seen the iucident. Sitaram (PW-5) imniediately went to Police outpost Chowki Bakawaad, Police Station Naganiar and lodged FIR vide Ex. P/10 withio. 15 miautes of the mcident Merg was also recorded vide Ex. P/ 14, Investigating Ofiicer left for fhe scene of occurrence aad after sunizaoniag witnesses vide Ex.P/ 18, inquest over fhe dead body of fhe deceased was prepared vide Ex. P/5. Spot map was prepared vide Ex. P/15. Plain soU and blood stained soU, blood staiaed Gaoicha, one rope was seized firoia fhe spot vide Ex, P/3. Dead body was sent for autopsy to CHC Bakawand, where Dr. Mahesh Saadiya (PW-7) couducted autopsy vide Ex, P/12 aad found followmg injuries : i, One iacised wound of 1x1 x 1 1/2)9 above right eye brow. ii. One iacised wound of 1 Vax 1 x 19> near first iajuiy. iii, Brain was lacerated. Mode of death was conia as a result of head iajuiy* Durmg fhe course of mvestigation accused was taken iato custody; he inade disclosure statenient of geti vide Ex. P/l; sanie was recovered at th.e iastance of fhe appellaiit vide Ex, P/2. Blood staiaed shirt of fhe appeUant was seized vide Ex, P/7, Patwari prepared spot aiap vide Ex, P/8. Accused was examined by Dr. Mahesh Sandiya (PW-7) vide Ex. P/ 11; he was serm unconscious, haviag probleni ia respiration. 3 abrasions were found over his neck. Spot niap was prepared by Patwan vide Ex. P/4< Seized articles were sent for chemical exainmation vide Ex. P/19. &\ -*- Stateiaents of the witaesses werc recorded under Section 161 of fhe Code ofCrimmal Procedure, 1973 (m short the Code), 4. After corapletlon of uivestigatlon, charge sheet was filed before the Judicial Magistrate Pirst Class Jagdalpur, who ia tuni, coniinitted fhe case to fhe Court of Sessions, Jagdalpur, where the trial was conducted. 5. In order to prove the guilt of the accused/appeUaat, prosecution exaxniaed as inaixy as 8 witoaesses. Accused was exaiaiaed under Section 313 of fhe Code, ia which, he denied fhe circuiastances appeamig against hini^ innocence and false irapUcation ia crinie ia question was claimed. He has talsen defence fhat Sitarani (PW-5) has caused injuxy to his wife aad caused her deafh. 6. After affording opportunity of hearing to the parties, the leamed Sessions Judge convicted aad sentenced fhe appeUaat as aforesaid nientioned, 7. We have heard Shri Ravish Verma, leamed coiinsel for the appeUaat aiid Shri Saojeev Kuinar Agrawal, leamed Panel Lawyer for fhe State, perused tlie judgiixent toipugned aad record of fhe tdal Court, 8. Learaed counsel for fhe appeUant veheinenfly argued fh.at conviction ofthe appeUaat is based on solitary evidence of PW-5- Sitarain, whose evidence does not inspire confidence and trustwortib.y. The appellant has taken defence fhat Sitaram has caused iajury to his wife and has caused her homicidal death, fherefore, his evidence requires corroboration froni the independent source aad in absence of corroboration, his evidence is not safe to rely for conviction of the appeUant that too for coinraission offhe ofFence under Section 302 ofthe IPC. .:f^^^ ^',^%, ^ ^ 1 %-?llrl. e' ^'^^^^ '^ 9, On fhe other hand, learaed counsel for the State veheiaeutly opposed these arguinents aiid subiaitted fhat evidence of PW-5 Sitarain is sufficient for conviction of the appeUant under Section 302 of tihie IPC. His evidence is weU corroborated by ftie niedical evidence aad ofher circumstances i.e. subsequent condzict of fhe appellaat which is relevant uiider Section 8 of tiie Evidence Act. 10. In order to appreciate fhe arguraents advanced on behatfof fhe parties, we have examiaed fhe evidence adduced on behalf of fhe prosecution, 11. Iu the present case, hoiaicidal death as a result of fatal iojuiy found over the body of the deceased Laxniibai has not been substaiitially disputed on behalf of tihe appeUant, on the other haad, it is estabUshed by the evidence of Dr. Mahesh Saiidiya (PW-7) and autopsy report Ex. P/12 aiid deafh was homicidal ia nature, Conviction of the appeUaat is substaatiaUy based on fhe evidence of solitary witness Sitaraoi (PW-5), who has deposed fhat at fhe time of iaeident, appeUaat and his wtfe Laxmibai were present m the field. He heard fhe sound aad nished to fhe field of fhe appellant, where he saw fhat the appeUant was assaultiag his wife by geti over her head; she fell down aiid died; thereafter, by usiag rope, appeUaat tded to coininit suicide/which was snatched by him aiid Mangalram. He iainiediately went to PoUce Station and lodged FIR vide Ex, P/10. Ofher witaesses have aot supported the evidence of PW-5 Sitarain. Prosecution has declared PW-1-Shaiabhunafh, PW-2- Lakheshwar and PW-3— Maagalrain hostile, As per evidence of Dr. Mahesh Saiidiya (PW-7) he has examiaed fhe appellaat on fhe same day i.e. on 18.9.2004 vide Ex. P/11; he was restless aixd haviag probleia ia breathiag. He found 3 abrasions over his neck. FIR in the present case has been lodged within 15 minutes .;.^"^; ^A.,'"% 1 te'p' / ^ "':-..''1' ...' ^'..,... '^"y ^'.3i,^y ^ of fhe incideut aad distance of PoUce outpost froxn the place of iacident is 1 kni, The proiaipUy lodged PIR Ex. P/10 revealed the factuni of commission of offence by the appeUant aad also atteisipt to coBiinit suicide which has been substaatially corroborated by the medical evidence of Dr. Mahesh Saadiya (PW-7) aad autopsy report Ex. P/12 aad laedical examiaation report of the appeUant Ex. P/11, In order to prove aiiy fact, pardes are requircd to adduce evidence of quality aad not of nuraber. Evidence of PW-5 Sitaram, who is a soUtary witness, is the evidence of quaUtative nature aad it is suf&cient for drawiag definite conclusion, His evidence is corroborated by fhe prompfly lodged FIR and medical evidence, which is sufficient for drawmg an uiference th.at fhe appellaat has caused homicidal deafh of Laxniibai. At the time of causiag such iajury, his wtfe Laxiaibai was not haviag any weapon; she was helpless aad was not ia a position to save hersetf; fhe appeUaat has caused iajury over her vital part by the dao.gerous weapon geti, which shows his grave iatention for causiag death of fhe deceased. After appreciating the evidence, available on record, learaed Sessions Judge has convicted and sentenced the appeUant as aforesaid nientioned, 12, On close scrutmy of fhe evidence, we do not find any iUegality or inj5n3iity in the conviction aad senteuce iiaposed upon fhe appellaat. ConsequenUy, the appeal beiag devoid of merits is Uable to be dismissed aad it is hereby dismissed, sunita Sd/- T.P. Sharma Judge Sd/- R.L. Jhanwar Judge