'STT^T^T'f^W ^^ 3TR^[ $b^|cb T^T •-41^10^, ^Tfl'y^t^, R)<»>i'y^< NIM^I 'sb^lcb C^<, 4pp, K ^2002- 3?i^?r ^ra^ (^cil^^y) '^nw^ft^ ^TI^T Criminall AppealNo. 1144/2002 APPELLANT RESPONDENT Ve Cr. Aooeal under Sedtion 374(21 of the Code of Criminal Procedure DB.: HON'BLE SHRI L.t. BHADOO. J. & Agra|wral L.C. Bhadoo,J: Shri Ravindra Shri D.K.Gwalre, Heard. This appeal is dire| and order of sentence di Additional Sessions Jud^ the accused/appellant punishable under Sectio4 chi^t<vi<i1n 1OT^f ^l^st <Rn<^s< ^^tRw^y^T sus Bablu alias Shailendra Dogre, aged about 25 years, s/o Radhe Shyam Dogre, occupation student, R/o near Barle Kirana Dukan, Model Town, Bhilai, P.S. Supela, District Durg(CG) State of Chhattisgarh HON»BLESHRI SUNIL KUMAR SINHA. J. IORALORDER (24.08.2007 1, counsel for the appellant. Gbvernment Advocate for the State. ^ted against the judgment of conviction ^ted 10.10.2002, passed by the Fourth ^e, Durg in S.T.406/2001, after holding feuilty for commission of the offence 302 of I.P.C. for committing murder of XI-HC—78 -sn^r^Tl^N TTS?T'Sff^T ^FRFF 3^" .^N10^, ^Tfl'y'l^, is|<!^t-H^< W^V\{ **<|ch c.^;:..d.<R.£.'...n..^±. W1, 200<2- 3ni(?T-q^F (4<5<Hfl<<^) '^rw^rfi^^n^T z- Dauwa alias Jaswant imprisonment for life and( payment offineto further] The case of thel accused/appellant as welj Singh used to reside in ^ was some quarrel betweeiji 8.9.2000, at about 1.00 (PW-7) and Nilkanth Yadat/ lighting series from the (| came near them and he vt the accused/appellant Altercation took place be\ After hearing the commotij: place of occurrence, stt< attacking Jaswant Singh fell down on the ground the spot after attacking Bai informed Arjun Singh the place of occurrence the place in an injured cc| Chhiru @ Kashmira took Hospital, Bhilai. He was treatment, Jaswant Singh| Bajblu anti cbMf<yt^rl 'HTOlf ^fe^ ifa^K '^3TRw^?r Singh, sentenced him to yndergo to pay a fme of Rs.200/-, in default of undergo R.I. for 3 months. prosecution in brief is that the as the deceased Dauwa alias Jaswant :odel Town, Indira Nagar, Bhilai, there them. On the date of incident i.e. on p.m., the witnesses Chandrashekhar (PW-10) were removing the decbrative leity of Lord Ganeshaji, the deceased ^as talking to them. In the meantime, alias Shailendra also came there. tween the accused and the deceased. L, Sonkunwar Bai (PW-2) went to the saw that the accused/appellant |vith a knife, as a result of which, he |Lnd accused/appellant ran away from deceased with knife,. Sonkunwar ^nd his wife-Nandini Bai, who came on saw that Jaswant Singh was lying on [ndition. Thereafter, Arjun Singh and JsLSwont Singh in a Tempo to Sector-9 |idmitted there. During the course of Isuccumbed to the injuries, therefore, ttie XI-HC—78 ^TT^T ^T fqr$ich 'd^T W^T "^^ri^F IN^*' 3:5€T^l^l^q, ^Tfi^'KS, fct^|-M^< CQ-- App. n. tITO^T 'g^^-"-——-^"^---"1"—---^ 200'2- 3Hi(?T'^5(3F (^l^^T) '^HW^ft^^H^r _ < tjhe the Doctor informed to Rajeshwari also reache| K.M.Mishra, reached to under Ex. P/l on the irjl on that First Informatiot] The Investigating Officer| giving notice to the Ps|i inquest under Bx.P/11 Patwari, prepared Naks^a clothes of the deceased stained soil and plain place of occurrence. Th^ under Ex.P/6 while in where he kept the knife, ofoffence was seized un4e] were seized under Ex.P/^. (Ex.P/9) was prepared. were examined by Dr. RJ Ex.P/13. The body of J^s examination, where, D[ postmortem on the postmortem report unde4 death was shock and h( and the death was Holice <=M<<f<n<ili *<i^<?ff ^fe^ iFsi^K ^^iRR^n^r Station-Supela. In the meanwhile, to the hospital and Sub-Inspector hospital and registered Dehati Nalici formation given by Arjun Singh, based Report under Ex.P/2 was registered. left for the scene of occurrence. After |nchas under Ex. P/10, he prepared m the body of Jaswant Singh. Halka Panchanama under Ex.P/3< \ The jwere seized under Ex.P/4. The blood was seized under Ex.P/5 from the accused/appellant gave memorandum Police custody regarding the place, [n pursuance of that, knife, the weapon |er Ex. P/7. The clothes of the accused Panchnama regarding seizure of knife [njuries on the body of Jaswant Singh LBorle, he prepared injury report under (swant Singh was sent for postmortem S.R.Churendra (PW-8) condycted of Jaswant Singh and prepared Ex. P/16 and opined that the cause of |morrhage due to multiple stab injury in nature. The clothes of the sbil tjhe bojdy honlicidal XI-HC—78 ^iT^r^T'f^w 'cCT'ST^T'^RW ~s:^ -^w\^, ^-^\W\Q, ^^wy. tllNdl *41cb C-r< App, ,| -^ 200^- 3^T'q^cR (^f^al^T) '^nw^ft^^n^T —-^. accused/appellant and 1{I sent to Forensic Science where, the F.S.L. repor1| under Ex. P/22 were rec^i After completion filed in the Court of Judi^ turn, committed the case| learned Additional Sessit transfer for trial. The prosecution in| the accused/appellant e^ statement of the accusedl 313 of the Code of Crimi material appearing again| stated that he has b( Regarding seizure of the denied that his shirt aud After hearing the c< Additional Sessions Ji accused/appellant as afo] We have heard appearing on behalf D.K.Gwalre, learned GOV of the State. cbl^id^l'i ^W<A '^,'f^t <Fsi^K '^3iRm3?n^T tie deceased, knife, other articles were ^aboratory, Raipur under Ex.P/20, from under Ex.P/21 and Serologist report ived. the investigation, charge sheet was ial Magistrate First Class, Durg, who in to the Sessions Judge, from where, the )ns Judge, Durg received the case on order to establish the charge against |amined as many as 17 witnesses. The /appellant was recorded under Section |nal Procedure, in which, he denied the >t him in the prosecution evidence and m falsely implicated in the crime. j^lothes, he pleaded innocence. He also paniyan were seized. ijunsel for respective parties, the learned (dge, convicted and sentenced the rlementioned. i|ri Ravindra Agrawal, learned counsel ^f the accused/appellant and Shri |rnment Advocate, appearing on behalf Shlri XI-HC—78 ~3:c3i ^|A||0<M, t<>Tf|^M<o, [s|<v')l-y^< __......^.-...te..'...l.L^.. IITOW ^qf^ -.""""•-"••^-'•-•"••-••'••••l-"---^200 2- an^jT'^•^ (^4^<^) 3Tl^T ^T f<^JCh ^SH STT^T 5iT^icfr) ^RTRtR 1Rf^ <3TI^T _ t—^- sitze Shri Agrawal has Jaswant Singh. Moreove^ that on 9.9.2000, he Jaswant Singh, he notic^d the deceased: 1. Incised wound il deep on middle 41 2. Incised wound ii deep on the left ^ 3. Wound in the shaped, 4 cm chest. 4. Wound in the spindle shaped in mammary linej, 5. Wound in the shaped direction| cm above x left t( 6. Wound in the shaped, evert^ punctured to lung 2 cm below |not disputed the homicidal death of Dr. S.R.Churendra (PW-8) has stated c^nducted postmortem on the body of the following injuries on the body of pi the size of 6cm x 1 cm x upto bone scalp \i\ the size of 4 cm x lcm x upto bone yarietal region of scalp of 2 V2 cm x 1 cm x 8 cm spindle s|bove and medial to right side of the 'cFPlfeFJN '^PRR'Jf ^f^T^ <Rt|<^l< '^'3?iRp:T3?I^T cln si^e si^e ize of 2 l/2 cm x 1 cm x 1 cm deep the lower part of the chest right side 6 cm above right to umbhicys. of 2 V2 cm x 1 cm x 3 ^ cm spindle upward midially upto left clavicle, 4 left memmary of 2 V2 cm x lcm x 9 Vs cm, spindle [d margin, medially and backward of chest and upper lobe of left |bhe 6th wound. miiscle XI-HC—78 3:5Sf ^Tpn^T, (<)T{1y4l<o, {sl^W^ ^lNdl *^llcb ^oc^ A.P.P... .....^..:..;...:.i.^:./....j..<..-r.^............^^ ^QQ 2_ 3TT^T ??T f<r(i<=h 'TOT 'Sff^T 5b^lict) 3^?T TQR^ (<jqfy8^) '^<nw?rf?cT ^T^T ^-(0- 7. Wound in the shaped everted punctured to ch^ He stated that the caused by pointed anc^ 7 8& 9 were grievou^ hemorrhage and on a4 evidence of the Doctd Jaswant Singh was As far as the invd cnme m question is turned hostile and prosecution. The cas^ i.e. (i)(B? blood grou] accused/appellant as question, weapon of o\ occurrence. In order to rest the evidence, as per the s^ in the matter Apex Court held that: s|ize ' (1994)28cc 220 <=hN(<yl4ir1 WRR^f ^fe^ <F»l^l< '^3iRp:T3?n^T of 2 V2 cm x lcm x 14 cm spindle margin directing upward & medially ^st muscle left upper lobe of lung. itnjuries were ante-mortem in nature, sharp edged weapon. Injury Nos. 3, 6, ^ the cause of death was excessive ^ount of injuries. In view of the above }r, it is established that the death of hofnicidal in nature. ^lvement of the accused/appellant in ;oncerned, all the eye-witnesses have have not supported the case of rests on the circumstantial evidence was found on the clothes of the |wrell as the deceased. (ii)The knife in (fence was recovered from the place of ^onviction based on fhe circumstantial ttled law laid down by the Apex Court of Dhanajajoy Chatterjee vs. State ofW.B.1 the tfiey XI-HC—78 3^" ^)|q|<?i><M, ^•y'Ko, (c|0W^< TWTW sb^llcb .c<^r -^ 200 2_ 3niiyr TT^^ ( ^[^^T) w^r ^r f<<iich TT^T 3Tr^T sb^Jch ^RHW Trit^T ^?1^T —<~7^ circumst&nces "In a case b^ the of guilt is t(j fully establ| clrcumstanc^ conclusive ri the hypothej Those of being expl except the ofthe eviderd leave any r^ consistent w{ It needs no circumstanc^ the court c^ and the mo^ should be t] evidence les proof." Now we shall proc< of the circumstantial evic clrcuitistances gijiilt cM^I<n<iii ^2i*i<?ff ^l^^t <n»i^i< ^3tRm3?n^T ised on circumstantial evidence, from which the conclusion be drawn have not only to be shed but also that all the ^s so established should be of a ature and consistent only with sis of the guilt of the accused. should not be capable |lained by any other hypothesis of the accused and the chain ^e must be so complete as not to |asonable ground for the belief 1th the innocence of the accused. [•eminder that legally established ^s and not merely indignation of [n form the basis of conviction |e serious the crime, the greater tie care taken to scrutinize the I: suspicion takes the place of ^ed to scrutinize the evidence in respect lence: XI-HC—78 ^TT^T'^T f<Tli<sh~ ^SH 3TI^T $t)^ic?» IBII&. 3:^T'=5TT?n^T, ^Tfl'H4!^, is|0W4,< ^, ^r^. ^l^dl 9b^iicb .Ll.^.. •^ 2002- 3ni(?r xra^? (yc<^14?) ^RITW^f^T ^TT^T — %• sdaled As far as the blofc serologist report (Ex.P/2^ full pant of the deceas^d accused. But in this ca^( seizure of the clothes of| clear-cut evidence that condition to the F.S.L. PW-1-Arjun Singh| clothes of the deceased ii^c: has not stated that wh|ei whether they were in has stated that nothing but Ex.P/4 85 Ex.P/5 evidence, he has stated on the papers Ex.P/4 to Dhar Diwan, Constabl{ Police Out Post-Smriti N was in the Police Out deceased nainely-Jaswai|it Sector-9 Hospital and seized the clothes under I gave him the clothes, bandage, he does not the colour of the cloth^s 011 <=M^f<vi<fli 'HP^ ^i^st <Ri^i< i73ifw3n^T )d group (B? is concerned, as per the ^), human blood group was found on the is^d-C, G- Baniyan and H- Shirt of the |e, sealing of seized clothes and place of the deceased is doubtful. There is no t:he clothes seized, were sent in sealed has stated that the Police seized the ii^cluding one full pant under Ex.P/4. He ^re the Police seized the clothes and condition. PW-6-Yashwant Singh ^as seized by the Police in his presence, t|ears his signature. In para 6 of his [that the Police obtained his signatures V9 in the Police Station. PW-13- Ashok l^ No. 1049 of Police Station- Supela, tagar, has stated that on 8.9.2000, he Post, he brought the clothes of the voi^t Singh i.e. pant, shirt, baniyan from his production, the Chowki Incharge |Ex.P/4. He has stated that the Doctor brought those clothes, tied with a kn|ow how the clothes were and what was He took the clothes in the same ifre XI-HC—78 W^T ?FT (ciTli<^ 'cCT '3T|^T 5b^icb ~5^ ^ii-qi^-q, ^Tfl'y4!^, fs|<y')l^^< f^ TETPTcTT sh*4|ch .......<..-..,..,Ay.(>..,.....L\..^.A..^200^ 3^9T TCT^ ( ^f^<^) '^RTTW^rf^ ^iT^T ^- €^^ St^Ltion condition in the Police PW-16- K.M.Mishra has he seized the clothes of thb A perusal of the seis were seized from Ashokl sealed in the Police Statl hospital has been menti^ that the clothes were give^ clothes to the Police Sta1] the place of seizure of the seizure is doubtful becau^ and the Investigating Offi); the seizure memo (Ex.P^ clothes were handed overl evidence has to be believc Station, therefore, the not been established therefore, on this evidenc{ deceased was of (B? blo^ recovery of the clothes of] condition to F.S.L. becci circumstances, the accus^ the crime in question. cbl^id^l'1 'HTR^f ^f.fe^ <t^l^l< '^3iRw3n^?r i, whereas, the Investigation Offlcer tated that on 8.9.2000, in the hospital deceased. ;ure memo would show that the clothes Dhar Diwan -PW-13 and they were |on, whereas, in the column of place, >ned. Ashok Dhar Diwan has stated \i to him by the Doctor and he took the |ion, therefore, the evidence regarding ^lothes and sealing them at the time of ^e the evidence of the Police Constable ;er is contradictory to each other. In |4), it has been mentioned that the by Ashok Dhar Diwan, therefore, his \d as he took the clothes to the Police of the clothes in the hospital has that has become doubtful and ^ that the blood on the clothes of the j)d group, becomes doubtful, as the |the deceased sending them in sealed Imes doubtful and based on these ^d/appellant cannot be connected with seiture alid XI-HC—78 3^- ^)iqi0^, ^T{1^|(o, tc)01-M^< ks/ 37T^T^T f<Tlich ^T 3?n^T sh^Jch brtfo sunlta 41^d( *Nlch ..€.'x.-..A.i?£.-...!.I -^ 200 2- 3{1^?r-qiTSE (^t^^T) ^RHW Tlft?T 3?H^T —JO As far as the recov^ry of the knife is concerned, in the first instance as per the F.S. no report that any hum^n blood was found on the knife. It has been stated fhat the sai4e was disintegrated. Nor the knife has been examined by the poctor in order to establish that the injuries in question, whi|ch were found on the body of Jaswant Singh were inflicted by basis of the recovery of circumstantial evidence imposed against the ac I.P.C., cannot be sustain^d. In the result, the sentence imposed upon 302 ofI.P.C. are setasidel 2000, therefore, he be se any other case. Ght<1?<y1<fll 'HIWJf ^fe^t if^l^K '^'^iRm^n^T . report and Serologist report, there is he knife in question, therefore, on the ^nife, the accused/appellant cannot be connected with the critne in question. There is no other :o connect the accused/appellant with the crime in question, ^herefore, the conviction and sentence ;used/appellant under Section 302 of Jappeal succeeds. The conviction and [the accused/appellant under Section and he is acquitted of the charge. It is stated that the accused/^ppellant is in detention since the year ^ at liberty forthwith, if not required in Sd/- L.C. Bhadoo Judge Sd/- Sunil Kumar Sinha Judge