I HIGH COURT OF CHHATTISGARH: BIIASPUR ;<"<• DIVISION BBNCH: HON'BI^, SHRI T. P, SHARMA & HON'BLE SHRI R.L. JHAMWAR, JJ, CRIMINAL APPEAL No. 934/1989 APPELLANT Brijmohaa Singh, S/o Sunder Singh, agcd 25 years, Occupation-Labourer, R/o Mohaa Tola, Kuanrpur, P.S. Janakpur, District- Sarguja (Madhya Rradesh) (ncw C.G.) Versus RESPONDENT State of Madhya Pradesh through P.S. Janakpur, District Jaaakpur (M.P.) (now C.G.) l.<il Appearance: ; Shri Ania Kochar, couiisel for ftie appeUadt. Shri Ashish Shukla, Govt. Advocate for the State. QRAL - JUDGMENT (DeUvered on 12.11.2009) The foUowing judgnient of the Court was delivered by T. P. Sharma, J. 1. This crumnal appeal is directed agaiast fhe judgiuent of conviction aud order of sentence dated 26th April, 1989 passed by fhe leamed Additional Sessions Judge, Uinaria, Camp- Vyohari (M.P.) ia S.T. No.48/1988, whereby aad whereunder after holding the appeUaat guilly for the ofifence piuushable under Section 302 of the IPC, the appeUaat has been sentenced to undergo uaprisorunent for life. 2. Case of the prosecution, la brief; iii fhe intervemng rught of 12th - 13th Februaiy, 1988, the appeUant cominitted murder of his wife Dulariya Bai by causiag fatal injury to her by axe. Merg io.timation Ex.P-13 was given on 13.2.1988 by Jagdish Siugh (P.W.l), brother ofthe appellaut. Inquest over the dead bodywas piepared after sumiaorung flie witaesses. Dead body was !sent for autopsy, vide Ex.P-16, to Prunaiy Healfh Center, Jaaalepur, where autopsy was condiicted by Dr. Manobar Lal (P.W.13)ivide :i:'!":i!uti-al"!^-"W"ULtnnri>,,,, -2- ''^f^tSHSy- •'^ ''"*>»!-.'S'<!IS:'' Ex. P-22 aad found several aateinorteiu uijuries over fhe body of fhe deceased. He has opiued that cause of death was as a result of shock and hemorrhage due to compound crushed over back of occipital bone and inode ofdeafh homicidal ia nature. 3. After recordiug fhe statexnents of fhe witnesses under Section 161 of fhe Cr.P.C. and after coinpletion of the investigation, charge sheet was filed before the Judicial Magistrate First Class, Vyohan, Camp- Janakpur, who ia turii conunitted fhe case to fhe Court of Sessions, Shalidol froin where the leamed Additional Sessions Judge, Umaria, Camp -Vyohari, M.P. received the same on traasfer for trial. 4.1n order to prove the guflt of the accused/appellaat, the prosecution has examined as inay as 13 witaesses. Statement of fhe accused was recorded under Section 313 offhe Cr.P.C., ia which he denied the circumstaaces appearuig agauist him aud pleaded iruiocence aad false iinpUcation iu fhe case. 5. Learued Additional Sessions Judge, Umaria, Camp-Vyohari after affording au opporturuty of hearing to the parties, convicted aad sentenced the accused/appeUaat as aforementioned. 6. We have heard Shri Arun Kochar, counsel for fhe accused/appellant aad Shri Ashish Shukla, Govt. Advocate for fhe State/respondent and perused fhe judgment impugiied and record of the Court below. 7. Learned counsel for fhe appeUant at fhe outset submitted that the appeUaut has been released froni jail after serviug the sentence uuposed upon tiiTn, whereupon, leamed counsel for the State/respondent also submitted that the appeUant has been released froia jail on 15.8.2003. Learaed counsel for fhe appeUaat further argued that fhe evidence adduced by the prosecution are not sufficient to convict and sentence the appeUaat under Section 302 offhe IPC. 8. On the ofher haud, leanied counsel for the State/respondent opposed the appeal and sutomitted that the evidence adduced by F? ../-^":':"';;'^^ y'8^-nS '"•- /'?' n-^, SiiL * '^•Wsss -3- 31 the prosecution are sufficient for convict the appeUant under Section 302 offhe IPC. 9. In order to prove the complicity of fhe accused/ appeUaat ia the crime in question, we have examined the evidence coUected by the prosecution. The hoiaicidal death of Dularia Bai aad its nature is not disputed by the appeUELUt. Even otherwise it is estabUshed by the evidence ofJagdish (P.W.l), Tijiya Bai (P.W.2), Ram Bai (P.W.3), Geadlal (P.W.4), Jagjalur (P.W.5), Prabhunath Singh (P.W.7), Dr. Maaohar Lal (P.W.13) aad autopsy report,- Ex.P-22, Inquest report, EX.P-5, inei^- iatunation- Ex.P-13 & FIR- Ex.P-1. 10. Case of fhe prosecution rests on circuDistautial evidence aud extrajudicial coirfession of the appeUant. Tijiya Bai (P.W.2), aiother ofthe appeUaat has deposed fhat deceased-Dulariya Bai, used to sleep wifh the appeUant. In ftie fateful night, she was sleepiag in. fhe veraadah aud fhe appellant was also sleepiag with Dulanya Bai. In the monung she saw Dulanya Bai dead. Statenient of Tijiya Bai has also been corroborated by Ram. Bai (P.W.3), Gendlal (P.W.4) aad Prabhuaatii (P.W.7). Prabhunath (P.W.7) has speci&caUy deposed that appeUant had told him in fhe next inomiag of the date of iucident fhat he has kiUed his wife aad goiug to police station for lodguig fhe report. Defence has not been able to elicit anythiag iii cross-examiaation of Prabhunafh (P.W.7) relating to extrajudicial coiifession of the appeUaat befoie hiin aad circunistances fhat appeUaat used to sleep with tfae deceased. In the next monxm.g Dulanya Bai was found dead due to fatal iajury sustaiaed by her. From the evideiice of Tijiya Bai, it caa be inferred fhat fhe appeUaat was fhe person who was present in the liouse aad caused fatal iajuiy to bis wife. Taking iuto consideration the number of iajurics present over the person of the deceased aad its nature it is iaferred fhat fhe appellant has iatentionaUy caused honiicidal deafh of deceased-DulaTaia Bai. 11. For the foregoiug reasons, we are of the considered opixuan fhat fhe prosecution has proved its case beyoiui reasonabte! doubt aad after appreciatiug the evidence available on record, flie trial .iliUi..,j,i.;J ,..d.li.lu iiiist.u,B**ipj^,^i //;' j;:;P* •f',f"-!r.' 'ISlias. 1 "<";^? @ ^ ^ -4- ^ Court has convicted the accused/appeUaat iinder Section 302 of the IPC. The judgment impugned being based on reUable aad cliachiag evidence, does not suffer from auy iUegaUly or infirmity warraatiag iaterference ia appeal. 12. In the result, the appeal being devoid of merit is liable to be dismissed aud it is accordiagly dismissed. SdA;, :, T. P. Sharma Judge Sd/- R .L. JHANWAR Judge :BSiJi";k"l'i"Ml')'il