^" HISH COURT OF CHHATraseARH. BIL^SPUR Criwinai Ap@®a3No. 1288 of 2002 APPELLANT: Saheb Singh CEn Jail Custody) - Versus - RESPON&ENT: State of Chhattisgarh ^ JU&6MENT FOR CONSI&ERATION Sd/- TU D^T" 6.7.2007 HON'BLE MR. JUSTICE DHIRENDRA MISHR^ Sd/- Dhirendra Mishra Judge POST FOR JUD^MENT ON 9 JULY. 2007 Sd/- L.C, Bhadoo Judge HZSH COURT OF CHH4TTISSARH. BILASPUR Crimjnal Appeai No. 1288 of 2002 APPELLANT: (In Jail Custody) Saheb Singh, son of Bhukhau Baiga, aged about 32 years, resident of Viliage- Seonikaia,P.S.-Chiifi, Distt- Kawardha (Chhattisgarh) - Versus - ^' RESPONDENT: State of Chhattisgarh, ThroughP.S.Chilfi, ' Distt. Kawardha (Chhottisgarh) (Criminal appeal under Section 374 (2) CrP,CJ Ao&earance; Mr* VP. 5upta, counsei for the appellant* A^r. Ashish ShukSa, Additionai Public Prosecutor for the State/respondent. ^ 1. &ivjslon Ben'ch: Hon'bSe Mr. L.C, BHadoo and Hon'ble Mr. Dhir@ndra Mlshra, JJ. JUD&MENT (Delivered on 9th Juiy, 2007) The foiiowinQ Judqment of the Court was delivered by LC. Bhadoo,;J^^ - This appeai is directed against the judgment of conyiction and order of sentence dated 30t October, 2002, passed by the Additionai Sessions Judge (Fast Track Court)/ Kawardha, in Sessions Trial No,107/2000, whereby learned Additional Sessions Judge after holding the accused/appeiJant guiit/ under Sections 302 & 201 of the I?.C< for committing the murder of his son Aghnoo Baiga, sentenced him to undergo imprisonment for !ife and pay a fine of Rs^lOOA, in defauit of payment of fine to further under90 RX for one month and to undergo RJ. for three years and pay a fine of Rs<100/-/In defauit of payment of f'ine to further undergo RJ< for one month, respectiveiy. - . - - M Case of the prosecution^in brief, is that accused Saheb Singh himseif 1odged^|g^^^ a report Ex.P-8 in Poiice Station: Chiifi on 31st March, 2000 at 8.3Q^.m;?^Oft gg the effect that on Friday night his elder brother namely/Sukh!a!^Baiga^cai^| at about 3-4 a.m* to his house and took his son Aghnoo, aged about 6 ye^rs^ ||^ who was sleeping with him. When Sukhbi Baiga was taking away his son, then ^^^ he asked him as to what he is doing, He also started foilowing him, he scw that Sukhbi threw his son in the weli existing in the fieid of AAiiap. His brothersaid that if he wili come towards him then he wi!i ki!! him aiso, Recelving this report, after registration of offence under Section 302 of the IP/C^ the Investigating Offlcer took up the investigation and during investlgation, the accused/appe'Slant gave memorandum Ex.P-1 to the effect ' - that on the fateful day at about 3 am. in the nlght he gave beating to his son Aghnoo,. thereafter set his son ablaze in the burning hearth in his fathens house and after covering the body of his son wlth a cioth, he went to the agricuitura! field of Milop Gond and threw the bodyof his son in the well of Milap, he can get recover the same- Based on this memorandum, the body of Aghnoo seized from the weil at the instance of the accused under ExPaB2, One bbck coiour jacket and one Lungi of the accused were.se'ized under Ex'?" 4. Ash from the hearth was seized under Ex.P-5 in which the body of Aghnod ^GS set abiaze by the accused. After giving notice Ex?-6 to the Panchas, inquest ExP"7 was prepared on the body of Aghnoo. The body of Aghnoo was sent for medica! examination. Dr* M«L Bachker of Community Health Centre, Bodla conducted post-mortem on the body of Aghnoo on 1-4-2000 and noticecj -!-hat the body of Aghnoo was in naked condition/stomachwasinswolien condition, there was bleeding from nose & mouth, blisters of burning were present on chest & stomach, and there were slgns of bamjng of skln on chest, rlght hand & waist* The burn injuries wer€ exlBndlng up to ^ opinion, the cause of death was blocking of circuiation of bloodand shock^sa ^ result of burn injuries sustained by Aghnoo, the death was homidda! in nature. He prepared the report Ex.P-8, ;^) 6. <"• 8. Site plan Ex.P°'9 was prepared by the Investigating Officer, After completion of inyestiaation, charge sheet was filed against the Gccused/appellant in the Court of Chief Judjclal Magistrate, Kawardha.who in turn committed the case to the Sessions Judge, Rajnandgaon, from where ieGrned Additionai Sessions Judge/ Kawardha, received the case on transfer for trial. The prosecution in order to estabiish charge against th©accused examined nine witnesses, Statement of the accused was recorded under Section 313 of the CrP,C, in which he denied the materjai appearing against him and said that his elder brother Sukhlai grabbed his land, he aiso took his bulbck and on Thursday, he came and gave beating to him/in the night at about 3 a.^. he took Aghnoo and threw him in the we!l existing in the fleid of Miiap. Learned Additiona! Sessions Judge, after hearing the arguments of counse! for respectiye parties, convicted and sentenced the accused as aforesaid. We have heard AAr, VP. (?tipta, learned counse! for the appeilant and Mr, Ashish Shukla, tearned Additiona! Public Prosecutor on behalf of the State/ respondent. Mr< V?. Supta has not disputed the homicida! death of Aghnoo* Moreover, Dr- M£. Bachker has stated in his evidence that he conducted post-mortem on the body of Aghnoo, the body of Aghnoo was burnt up to 45%/blisters were present on the body on account of burnlng, cause of death was shock and blocking of bbod circulation on account of burn injuries and the death was homiddal in nature, The above medical evldence Is corroBorated by the evjdence of Hare Singh (PW-S) - brother-in-iaw of the accused and Bhukhau (PW-7) - father of the accused. They have categoricaliy stated that the accused set Aghnoo ablaze by pushing him in the burning hearth^ In view of ocubr and medlcai evidence, it is estabiished that the death of Aghnoo v^as homicidal in nature* 9. As far as invoiyement of the accused in the crime in question is concerned, iearned counsel for the appeiiant argued that there is no cogent and clear evidence in order to establish charge agalnst the accused, 10* On the other hand, learned Additional Public Prosecutor supported the Judgment of the trio! Court, 11. Hare Singh (PW-3) a brother-in-Iaw of the accused has categoricaliy stated in C" his evidence that in the fatefu! night at about 10 p.m,, he came to the house pf his father-in-iaw at Sivni, in the night, he along with Teekaram & Saheb Singh " the accused/appeiiant, consumed liquor, thereafter, they took dinner< At that time, Aghnoo - son of accused Saheb Singh was sieeping, Saheb Singh asked his son as to why he is not going for collecting Mahua fiowers, hearing this, when Aghnoo became frightened and started running/Saheb Slngh caught hold of the hand of Aghnoo and in the first instance, he slapped him twice, when he (PW-3) tried to intervene the accused pushed Aghnoo in the burning hearth, he (PW-3) became frlghtened and ran avi^ay. Bhukhau (PW-7) Is none else than father of the accused who has corroborated the above evidence of Hare Singh (PW-3) and stated that in the fateful nlght in between 12 noon and 3 a,m. he was at his residence, his wife -ghukhin Bal and one Hare Singh werealso present in the house, the accused caught Aghnoo, he asked him to ieave him, but Saheb Singh pushed Aghnoo in burning hearth as a result of whlch body of the chiid sustdned burn injuries, Seeing all this, they became frightened and ran away to the house of his grand-daughter Phoolvati Bai. In the morning, he returned to his house, nobody wos there, he searched for Aghnoo, but he couid not be traceable. During day, the Poiice came, Saheb Singh was wlth them, thereafter, the accused, the Police and he along withother viilagers went to the field of AAiiap and from the weii, the body was taken out 13. Phoolbat (PW-5) has stated in her evidence that in the fatefui night, his father & mother came, they started crying and asked her to open the door, when she opened the door, they disclosed that Saheb Singh is quarrelling, 14. <;^' 15. 16. therefore, they wiil sleep there, her father also informed her that Saheb Singh has set his son ablaze* In cross-examination of these witnesses defence has not been able to.elicit any circumstance which discredits the evidence of these witnesses. Moreover, Bhukhau (PW-7) is father of the accused, Hare Singh (PW-3) Js brother-in-law of the accused and Phoolbat (PW-5) is also closely related to the accused, there was no reason for them to implicate the accused in a false murder CGSC and that too for the murder of his own son. Investlgating Officer N,K< Benwal (PW-9) has stated in his evidence that on 31st March, 2000, the accused gave memorandum Ex,P"l that he threw the body of Aghnoo in the well, in pursuance of that at about 11 a.m., the accused took him to the wei! and the body WGS recovered from the weli under Ex.P-2 at the instance of the accused, Above evidence of the Investigating Officer is corroborated by the evidence of Sumran Singh (PW- 1) who has a!so stated the accused gave memorandum and in pursuance of that the body of chiid was recovered from the wei! under Ex<P'-2. Therefore, in the flrst instance, as per the evidence of Bhukhau (PW-7) & Hare Singh (PW-3) in their presence the accused pushed Aghnoo in burning hearth as a result of which he sustalned burn jnjurjes/thereafter, the accused threw the body of Aghnoo in the weli of AAjIdp and the body was recovered at the instance of the accused under ExP-2, As per the doctor's evidence, death of Aghnoo was homicidal in nature. In the circumstances, from ocular evidence and medicai evidence as a!so the circumstantia! evidence it is established beyond reGSonable doubt that the accused was the author of the murder of Aghnoo that is his son, We do not find any iilegalit^ and infirmity in the judgment of the trla! Court* In the resuit, the oppeal fails, same is liabie to be dismissed and it Is hereby dismissed* Soma Sd/- L.C, Bhadoo Judge Sd/- Dhirendra Mishra Judge