^' € CF0000060288 ^v... ' tfsVision tfsnch ( riniinai). IN THE_ KI"H_COURT_GF_JUDIC^TD&E,_ M. P . AT . JAB&LPUR 1-S CRIMINAL APPBAL NO.^ _/1997 AP.gjE^^S. JT\^A/ , ''s^ &'-< ^7 ^^•^""y^^ ^^-s-s-^'--, RES PONDENT s '^^^^sw ..Aiv^ Lalloo @ I^slngh Rathore ^ a/o Bhurela.1 Rathore^ Aged 21 years/ Occupation Agriculturls ti R/o viilage jogipur^ P.S^ Gourela^ y Distt< Bilaspur (M.Pa^', -.VS.- gtate of Madhya Pradesh through pplice Station^ Gourela^ Distt^ Bilaspur (M,P»)< ^^»t n Rlo.A.8. •CRIMINAL APEEAL UNDER SECTIOH 374 OF CODE GF CRIMIN&L PROCE.DURB XI-HC-22 ^TT^T^T , I<^i<=h ^n^r 5h^icft. ^if^a ^"sr ^ll^ld4, ^tOTS, ^IRTy .3I£&..^ WH^T ^b^lT^ 200 i^^T' ^prr^F ^^rr^R '^rftcr Di¥isionBench:Hd A cM^t<yi<flt HW^K ^ Fs^i Tf^T^R '^3?rf^m3?T^T HIQH GGURTOF CHrtATTlSQARH: BIIASPUR n'bte Shri L.C.Bhadoo^ -tort'M®^^IMnnimiiijUshra. Al Appellant ilesponjdent Criminal ApBiat No. 69 ef 1897 : Lallu@|Tek8in8hRathore IVs. State ofl adacU^i Pradesh ^peftant by Dr. N.K. aurid| Advocate. State by Shri U.N.S.Dw, Lawyer. O^RAL J L.C.Bhadoo.J *, Br. Advwate Vth Shtf Dilip Dufeey, ©A\Mth Shri M.P.S. Bhatia, Panel UDGMENT (02^2/2<10e) By this appeal under Seelioh 374(2) of the Gode of CrimJnat Procedure the appellant ha^ cpies|ttQnecl the tegaJtty of tfee judgment of cbnviction and ord^r of sentence d4ted 18-11.1996 passed fciy II Addttional Sessions Judge, Bjlaspur in S.|fT.No. 381/98 whereby the leamed Adtelitional Sessions Judge after hladding the accused/appeKant guilty for commisslon of murder of Bhulli @| Chotelal convteted him under Section 302 of the tndian Penal Cod^ and senteneed him to uncterge imprisonment for life and pay a flne of Rs. 500/-, in defautt thereofto furtherunclergo two months' rigoro^s bnprisonment. I . '.' • ' ; ; • ,,•. 7^^^... XI-HC-22 37T^T^T f^ri^sn^T 5t^^ich ^f^a 'B^? ^8<4!<VP[T, '^f^TH'?, flr^RTy WW^tT^W^ 3??i[WATra^7 ^....,..&.^.A....^^ ^^T' 3TT^?T '^TT^R ^rf^ -2— 2. Case of the pFosecution, to lodged the report (Ex.P/1-A) in the <^j^t<rt<flt 'RTR^ff ~? fc<<?) <F3l^l< ^'3?rf^PRr 3T|^T brief, is that P.W*2 Qjrdhar Rathow Pofice Station-Gouretla to the effect that he is engaged in business of F|urchasteQ milk from the ^ltages and sellingthe safne in Gourella and on <he fatefut day in themoming at aboufe 7.00a.m. he\(tfas going to vHtage-^ogisaar and when h©reacbed near Primary Schoot of vHlage-Jogisaar h|e saw that BhulU Rathore @ Ghotelat \was coming on foot.towardsmain rc|adfrom his house. M that ffme Lalht Rathore pf viUage-Jogisaar came on| a bieycle carr^ng Tabbarf In his hand and after alighting from the bicyc|e assaufted on the neek of Bhullt whereupon BhutU after taking tum ^aught the Tabbal by his ftands and started saying that "dont assauft Ba|bu, donl; assault Bahu" but Babu did not stop and after snatching his Ta|»bal again assault^ on the neek of Bhullj as a resylt of whfoh BhuUi assaufted yMh Tabbal ft'om the sh^rd of which his neck was sltt. Ther felt oh the ground an^ LaBu agam side.ori the neek of Bhulll wi acewnt ifter, LaUu again attack<M( wl8i the Tabbal. Seeing this he (P.W.2 Girdhar Rathere) went tw^irds the MBI of RamFatanRathorean€leUsctosedthe|incidehttohim.Biis©<ionthisr9port Station House OfRcer registered th< case uncter ©ecUen3€^ef the IP©. teft for the scene of occurrene®^d prepared tRe Panctonama of the body (P-5). He took into p9ssession|under P-2 bJood^tatned sotl and (^ain soil, one pair Qfc/?apy>a/(sllpper)ah{loneolcl umbreNa. He also toek Into possession the Mveapon of offehc^ - Tabbal and the ctothes ef the accused under P-6. The sfte pten (p-7) was prepaired. "Tlie TsAifb^ was sent for opjnion to the Assistant Surdeon, Primary Heatth ©entre,Goiyrella under P-9 and doctor gave hjs op!n|ion (P-9-A). The body of Bhulll was sent for po^mortem ©(amination|under P-10 to the Priniary Heallh Centre. Gdurella vAiere S.E.Sinah cbnducted postmortwi on (be bochr of [Tft^ ^RsT^ XI-HC-22 3TT^T'^T f<rli<=b 3Tli?T ^RW^ff^T ^^[ WR<?Tl^H|c^ '^TPTR?PT, ^Tii<i<i<o, 'f^Tray 3T[^T,-qir^ _.........<l.:^..y9=..^ J^aoe^ •^^"- chl^fd^l'1 'RT^if ^ fe^t Tf^R?R ^T 3?f^FT W^T Bnuiii ana preparea ine report <p-i for chemieal examinatiwi to the F< where report (P-21) was receh/ed on Tabbat and the dothes of th] investigation charge sheet was fil^ Ficst Class, Pendra Road who in Judge, BJJaspur from v4iere the received the case on transferfortri^ examined 15 wttnesses. ^atemen Section 313\of the Cr.P.C. in whic appearing against him and statecl tl 1 ne &ioo<3^ainea articies were sent isic Science Lafcorator, Sagar from ind as per the r^ort blood was found acGused; After comple*k)n of th® in the Court of Ju<8claJ Magtetmte commltted the ease to th®Sessjons eamed II Addttional Sesslons Judge ll..--.'': !'., ; !1'"' • •11- 3. Prosecutjon in order to ©^aNish eharge against the aceused pf the accused vwis recorded under i he dertied the prosecutton ©videnee iat he is innoeent and Has beeni l&lsety implicated in the crime. The accus^d also examined one defence ^itness namely Parmeshwar Deen. 4. After hearing the argiimenti counsel for the aGCUserd teamed tri aecused as mentioned iri paragrapti i of Additional PuMte ProseGutor and ^l C&urt eonvi<^ed an^ senteneeel the -1 ofthisjudgntent. 5. Wehave heard Dr. N.K.ShulWa, Sr. Advocate ancl Shri Dilip Dubey. Advocate appearing f&r th®aecus^d/appellant and Shri U.N.S.tleo with Shri M.P.S.BhatJa, leamed counsellforthe State. 6. Homjcidal death of BhuBi@ ^hotelaiis n®tUi dlspute. 7. As far as mvoh/ement of th4 accused in cotnmftting the murd®roif Bhylti is concemect, leamecl Sr. ^dvocate appearing on behatf of the accused/appenant subnlits that P.V^.2 Girdhar has stated tliat hnmediately [Tft^ ^pa^ 1 XI-HC-22 371^1 ^T ^jch -sni^T st)^ic^. ^f^a *^ 3'^[ ^n^n ^tii^Ko, S^^s^^< •^ " • .. 3ff^r xra^ ; ^..........&.^...^-^'? 200 ^b WR<yiF5bHlcb 'l^^r' 3TT^?T '^TTSR ^rf^T -tl— J afterseeing the incident he went t<^ informed him and his wffe aboutthel chMid^l^ ^i^cii* "^ 'fe^ <P^^K '^'.3?rf;w^n^T the house of Ramratan (P.W.5) an4 incident whereas both ttie wttnesses, Ramratan and his wtfe, have nofl supported the evictence of P.W.l Girdhar, therefore, the evidence 4^ P.W. 2 ©rclhardoes n^ ins|rfre confldence. 8. On the other hand, leamed c<tunsel for the State Shri De©and Shri Bhatia support the judgment ofthetrfatCourt; 9. Th®crime in question was v4tnessed by P.W. 2 Qrdhar who has stated fhat at the retevant time he|was engaged tn purchastnfl the milk from the vitlages and sypplying the|sam6jn_GoureltajTfiiarket and en the ^o^tA>e^( fateful day jn the morninghe was gopngto @^eMa from hisviUage and at ^Twt^^^ about7.00 a.m. when he reachedn^ar Prtmary School pfQff^a he saw the accysed assauttingthe deceas^dwith Tabbai. P.W. 2 ©irclhai"is an independent vt4tness. Nothing has examination of this vftness wAiich i against the accused on account of a^ 10. As farasthe evidenee QfRa|nfiratan (P.W.5) is ©encemed,he has tumed hostite. The evidence of ©irc(iar(P.W.2)cannotbe djsbellevedfor the reasoh that P.W, 3 Jhelabai-wifelof Ramralan in tbe cross-examination has admitted thaf on the fateful day pjrdhar came to theirhovse to c@Be<^ milk andshe has also admitted that|GNhar used to coltectmUN frwn th^r house. tn paragraph-5 she has furtt'jer statedthat there was some dj^ute between accysed. Lallu and deGeas^ct Bhulti regarding the lari4, therefore E>een brought on reeord tn the cros&- |how©(hat thls wftness ha®dep;osed |iy animosity or otherwise. the animostty between the acGUsed arid the deceased was there and as such there was a moth/eto commit td^ crjine jn question. [^•^f^ XI-HC-22 37T^T'^T W\^ 'snt^r $t)^j<=ft ^T .A- '/ s.- '31 '3^ ^IT^I^FT, ^TU^^KO, I^TRTy 3T1^T,'q?i^ ^^....^^:.^..^ WH^iT^RT^z 200 :1^^T"""""' 11. Moreover, the evidence of fl the medical evjdence of P.W. 121 stated that he conducted the 16.06.1995 at about 10.40a.m. an<l amputated, there was another bones were cut, there was a cervical vertebra v^as Gompletefy c4 the injuries are cut, neck was attac^ skin and muscle only and there oceipital region. Therefore, in v| evidence of Girdhar stands corrt accused attacked the deceased hand. Even the spade and clothe^ hlm under P-6and the same were| theF.S.L,report(P-21).: 12. In view of the above evjden chl^(<r(<flT1 <-11^<viT ^ 'fe^ ipsi^K ^'3ti^Fr3TT^T f.W. 2 ©rdharstands <»rrol)oratec!by Dr. S.S.Singh v»rf»ohas categerically p4stmortem on (he body of Bhulli 6n found the rtght hand ofthe deeeased inclsed wound on the forearm, both the fraelEure, mcised wound on the neck and tt, afl the struclures up to thedepth of |ied to the body v^h postertoriy plaeed ^as an incised w©ufl^OR right pwfto |ew of this (riedleat evictonce- ocular |)borate4 as Gto'dhar has stafted th® \(fl'th spade (Tabbat) en his neck and of the aceused were reewwed from Ifound to b@ stainedWrith b(o@d as (^- ^, the invoh/ement of the acGUSBd ta committing the murder of Bhulli @ (photelal ^ands esteblfehed. W®do not find any Blegallty or infirmity in the flticBngs of the triat court. 13, In the result, ttie appeal b^iing devoid ^>f merits te liafa*e to be dismissed and the ssime is acGordJnlglycBsinissecl. 14. Leame<? counsel for the Stat|B Shri Deo sut»ni t®dthat the aecused absconded while h©was unctergo|ng the serrtence in the Central Jail. Raipur In the year 1 998. 1 1 ' ' • . . ' ' ' ' 1 ' •' ' • • ' - ''...•'• pft^^f^^ XI-HC-22 ^^ '^IT^P?, '^at¥FR|,'f^ray -32? 3lT^T'^T f^lich ^?[ ?b^i<=b ^j[^a ^: • ^SHCtS 9h^(T^ 3ff^T ,'q5T^ ^.:.....^4-^..6i .7'^2oe^^ fq^T" Pptice, Raipurto make frantic efforts 4>l^I<il41'l ^TTR^Tf ^ fe^ <P?{^1< ^ 3iNu ^n^i 15. The Director General @f Po|ice to direct the Syperintwidwt of ce, naipurromaKeiranttce^rtsltoairesttheacGused/^^^^^ ^s^- ^^^^j3{ 0^o ^»U_»f/f»^fA^^u»^t-w^^-ty^-e-/^fi£.^gy.oa^^'^. •^^^^e^j^^^a-^'^^-—'——•—-1- Sd/- sd/ . Dhirendra Mishra L.CBhadoo - Judge Judge