HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON’BLE MR. T.P. SHARMA 8a HON’BLE MR. N.K. AGARWAL, JJ. CRIMINAL APPEAL N0. 503/93 APPELLANT Kuhrami Bijja S/o late Keye Muriya, aged 35 years, occupation Agriculturist, R/o Village Patelpara, Jhadi Gutta, Police Station Bijapur, District Bastar, MP. RESPNDENT CRIMINAL APPEAL UNDER SECTION 374 OF THE CODE OF CRIMINAL PROCEDURE. 1973. Present:— Snit. Kiran Jain, Advocate for the appellant. ‘ ’Shri Rakesh Jha, Dy. G.A. for the State/respondent. VERSU S State of M.P. ORAL-JUDGEMENT (Passed on 25/02/2010) The following judgment of the Court was passed by T.P. Sharma, J:- 1. ‘Challenge in this appeal is to the judgment of conviction and order of sentence dated 22/l/93 passed by Sessions Judge, Bastarl at Jagdalpur in Sessions Trial No. 292/90 whereby and where under after holding the appellant guilty for the commission of culpable homicide amounting to murder of deceased Q Kuhrami Suklu convicted the appellant under Section 302 of the Indian Penal Code and sentenced rigorous imprisonment for life. 2. Conviction is impugned on the ground that Without any iota of evidence Court below has convicted and sentenced the appellant as aforementioned and thereby committed an illegality. Case of the prosecution, in brief, is that on fateful day of 15/6/90 at about 6 p.m. appellant was present in the house of Kuhrami Rupa, PWI Smt. Kuhrami Somdi was also present in the house of Kuhrami Rupa, deceased Kuhrami Suklu was coming towards the place of incident then appellant went with axe and assaulted over his neck and other part of the body: Kuhrami Suklu fell down and died. After completion of the offence appellant was threatened the villagers and relatives by arrow and bow finally they caught hold the appellant. PWI Kuhrami Somdi has lodged the Dehati Nalisi vide EX. P—l. Dehati—Marg was recorded vide EX. P—lO. First Information report was recorded vide Exs. P— 11, after summoning the witnesses vide E.x. P—2, inquest over the dead body of the deceased Kuhrami Suklu was prepared vide EX. P—3. Dead body was sent to Primary Health Center Bijapur, vide Ex. P~8. Autopsy was conducted by PW7 Dr. AR. Gota vide EX. P—14 and found following injuries:— (i) One‘incised wound over the back side of the neck of 3 1/2 ” X 1" x 2". (ii) One incised wound over left side of the neck 2 3/4 ” X 1” x 11/2”. (iii) One incised wound over right side of the neck of 2” X 1” X 2”. (iv) One incised wound over right forearm, above the wrist of 1 1/2” x W’ X 1/2”. (v) One incised wound over right palm of %” X 1/2,:X %» (vi) Both conotid anterior and jugular vein cut F r beneath injuries No‘ 2 86 3. (vii) Cervical vertebra was found cut. Mode of death was syncope. Death was homicidal in nature. During the course of investigation appellant was taken into custody, he made discloser statement of axe vide EX. P—4. He produced axe and same was seized from the accused vide EX. P—S. One arrow and bow was seized from the accused vide EX. P—6. Plain and blood'stained soil were recovered from the spot vide EX. P—7. Seized articles were sent for chemical examination vide EX. P— \ Q 9. Spot map was prepared vide EX. P—l6. Presence of blood was confirmed over the axe recovered from the appellant vide Ex. P— 13. Statement 0f the Witnesses were recorded under Section 161 of the Code of Criminal Procedure, 1973 (in short ‘the Code’). After completion of the investigation charge sheet was filed before the Judicial Magistrate First Class, Jagdalpur who in turn committed the case to the Court of Sessions, Jagdalpur. In order to prove the guilt of the appellant/accused prosecution examined as many as 8 witnesses. Accused was examined under Section 313 of the Code where he denied the circumstances appearing against him, innocency and false implication is claimed. > ’After affording an opportunity of hearing to the parties learned Sessions Judge has convicted and sentenced the appellant as aforementioned. 8. Learned counsel for the appellant Smt. Kiran Jain and learned counsel for the State/respondent Shri Rakesh Jha, Dy. G.A. are heard. Judgment impugned and record of Court below perused. 9. Learned counsel for the appellant vehemently argued that Dehati Nalisi lodged by wife of the deceased Kuhrami Suklu. PWI Smt. Kuhrami Somdi Clearly reveals that present appellant was haying illicit relationship with her and their relatives have caught red handed the appellant and wife of the deceased Smt. Kuhrami Somdi in compromising position therefore, PWI Smt. Kuhrami Somdi and deceased Kuhrami Sukl}; was having grudge against the appellant and has‘ falsely implicated him in crime in question. On the other hand, learned counsel for the State/respondent opposed the appeal and submits that conviction is based on the evidence of eye witnesses PWI Smt. Kuhrami Somdi, PW2 Smt. Kuhrami Hidme 85 PW3 Kwasi Sukku they are natural witnesses their presence at the time of incidergiit was natural and they have fully corroborated the case of the prosecution. ll. In order to appreciate the argument advanced on behalf of the parties we have examined the evidence adduced on behalf of the prosecution. \\ In the present case homicidal death as a result of ante— mortem fatal injury found over the neck of the deceased Kuhrami Suklu has not been substantially disputed by the appellant on the other hand, also established by the evidence of PW7 Dr. A.R. Gota and autopsy report vide EX. P— 14. As regard the complicity of the appellant/accused in crime in question is concerned, conviction is based on é. eye witnesses PWI Smt. Kuhrami Somdi, PW2 Smt. Kuhrami Hidme 85 PW3 Kwasi Sukku. PWI Smt. Kuhrami Somdi wife of the deceased Kuhrami Suklu has deposed that at the “time of incident she was present in her brother—in—law Kuhrarni Rupa (Devar’s house) appellant was also present. Her husband was coming towards the house of her brother—in—law then appellant went with axe and assaulted on the neck of deceased Kuhrami Suklu then he fell down and died. Others persons present tried to caught hold the appellant but he threatened the persons then second day Station House Officer came to her village whom she lodged the report Vide EX. P—l. PW2 Smt. 'Kuhrami Hidrne wife of Kuhrami Rupa has corroborated the evidence of PWI Smt. Kuhrami Somdi. ~PW3 Kwasi Sukku has also corroborated the evidence of PWI Smt. Kuhrami Somdi. Defence has cross examined Athese witnesses at length but has not been able to illicit any thing in their cross examination to discredit their testimony specially relating to the fact that appellant has not assaulted the deceased Kuhrami Suklu by axe and has not caused repeated injuries. PWI Smt. Kuhrami Somdi and PW2 Smt. Kuhrami Hidme relatives Of deceased Kuhrami Suklu as well as relative of the appellant, their evidence inspire confidence and trustworthy their presence at the time of incident in their house/house of the relative where appellant was also present was natural. In the present case PWI Smt. Kuhrami Somdi has denied the allegation relating to her illicit relation with the appellant althOugh she herself has lodged the Dehati Nalisi Vide Ex. P—l, Smt. Kuhrami Somdi in which it has been mentioned that she was having relation With her brotherein—law Bijja and her husband has seen her along with 'brother—in—law in compromising position, these 'facts is relating to the chastity of the PWI Smt. Kuhrami Somdi and her denial relating to this fact is not unnatural normally no persons admit his guilt but only on these grounds her evidence cannot be discarded even otherwise this may be motive for the commission of the offence. After appreciating the evidence available on record learned Sessions Judge has convicted the appellant under Section 302 of the Indian Penal Code and sentenced rigorous imprisonment for life. Conviction of the appellant is based on legal, clinching and reliable evidence sustainable under the law. On close scrutiny of the evidence, we do not find any illegality or infirmity in the judgment impugned. The appeal is devoid of merits. Consequently, the criminal appeal is liable to be dismissed and is hereby dismissed. Present appellant is in bail *he shall surrender himself before the Sessions Judge, Jagdalpur for serving the remaining part 0f the sentence. a IM 1 Sd/- ;\,w; ,7 . N.K. AGARWAL Judge M