^ CRIMINAL APPBAL N0. 823 OF 2002 APPELLANT Shilu Raca, S/o Chukua, aged about32years, Occupation- Labour R/o ViUage- Dha&awar, P.S. Kuukari, Distt. Jashpur RESPONDENT Versus State of Chhatti^garh, Through PoUce Station- Maaendragarh, District- Korea (C.G.) JUDGMENT FOR CONSIDERATION Sd/- J(JD-GTB- j^LJuly, 2003 .^ as HON'BLE THE CHIEFJUSTICE q ^.^^i Sd/- Chief Justice POST FOR JUDGMENT ON ^.July, 2003 Sd/- L.C. Bhadoo Judge ^ CRIMINAL APPEAL N0. 823 OF 2002 APPELLANT ShUu Rani, S/o Chukna, aged about 32 yeai^i, Occupatiou- Labour R/o Village- Dhao.awar, P.S, Kunkad, Distt. Jashpur Versus .J-. •vf RESPONDENT State ofChhatdsgarh, Through PoUce Station- Maneudragarh, Distnct- Korea (C.G.) AppeUant by Snit. Preetl Budhiya, Advocate. State by Shri Praveen Das, Paael lawyer, JUDGMENT ^J^ly, 2003) Bv Justice L. C. Bfaadoo. The accused/appellant Shilu Ram lias prefeiTed fliis appeal beiag aggrieved by flie Judgiaent of conviction and sentence dated 18th June 2002 passed by the leamed Second Additional Sessions Judge (Fast Track Court), Jashpumagar m S.T.No. 76/2002 by which learaed trial Comt after holdmg fhe accused appeUaat guilty for fhe offence punishable under section 302 ofthe I,P,C. has sentenced him. to undergo imprisoimient for life aad to pay a fine of Rs.1000/- io. default of paynient of fine amount to further undergo oue month's sioiple imprisoimient. Briefly stated prosecution case is, that on 10th February 2002 one Jethu Raia lodged fhe report Ex.P/12 before Shri] i—- ^-.. ^' -^-tf S.L.Sharma, Incliarge/ PoUce Out Post ~ Duldula about tlie deafh of Aghni Bai as per Ex,P/13 on which fhe case was registered. S. L. Sliaraaa imniediately uiformed about the report to the Station House Officer Police Station-Kunkiin Shri P.C, Roy on telephone, Shri P.C. Roy immediately reached tiie scene of occurrence aiid after iaspection of fbie body, prepared paachnaoia Ex,P/1. At flie tiaie ofinspection he noticed one mjuiy on the left side of the stoiaach. The Investigatiag Officer prepared the site Biap Ex,P/ 17. Broken baagles ofthe deceased were seized uuder Ex,P/ 18. The dead body was sent for postmorteni exaBiiDiation vide Ex.P/8. Dr. Kaiita Tirki (P,W,8) couducted flie postoiorteni on the dead body offhe deceased on 11th February 2002 and prepared his report Ex,P/9. Shri Shamia, lucharge, PoUce Outpost Duldulagave a letter Ex.P/2 to the Patwari for preparing site plaa of fhe place of occun'ence and in. tuni the Patwari prepared fhe site plaa Ex,P/3, The accused/appeUaat was arrested on 11/2.2002 vide Ex.P/15 aad after completion of tiie investigation chaUasi was filed agaia.st ftie accused/appeUao.t. Leamed Additional Sessions Judge fraaied the charge against fhe acciised/appeUao.t for flie offence punishable under section 302 ofthe I,P.C. who denied the charge and claimed to be tded. The prosecution in order to prove the offeuce agaiast the accused/appellant examitied in aU 10 witaesses, The stateinent of fhe accused was recoided under section 313 of fhe Cr.P,C. In reply to niost of the questions the accusedf <: stated fhat he does not know aaythmg aiid fhiat he has been falsely iQipMcated in tlie case aad fhe wituesses are not speakmg the trutli, Leamed Additional Sessions Judge after hearmg the argumeuts of leamed PubUc Prosecutor aad counsel for the accused/appeUaEit aad after beUeving tlie evidence of the prosecutiou convicted aiid senteuced the accused appeUaiit as nientioned above, 5. We have heard SBit Preeti Budhia, leamed couusel for fhe accused/appellaiit aad Shri Pravcen Das, leamed Penal lawyer for the State/ Respondent, 6. As far as tlie nature of deafh of flie deceased Aghni Bai benig hoisiicidal is concenied Dr, Kaata Tirki (P,W,8) has stated tliat she condiicted fhe postQiorteni 011 the body of the deceased Aghui Bai and she found fhat fliere was oue mjury on tiie left side of Uie stoBiach 10x8 C.BI. in si% aiid ftiere was no other tajury. Spleen of the deceased was ruptured aad clotted blood was preseut, On accoiuit of rapture of tlie spleen the blood clotted and Uie deceased died cn accomit of shock due to severe haem.onliage, The death was hoiiiicidal iii nature, 7. As per the evideuce of the doctor fhe deceased died on account of ruptarc of tiie spleeu aad the postaaiorteni rcpot rcveals fhat the spleeu was enlarged, In the cross examiiiation the doctor has stated fh.at if Uie spleen is eiilarged aiid the person falls on hard object, the spleen cao. be ruptured, It has also come on record fhat the deceased was canyiag five nionths pregnaacy, The laother-ui-law Paadri Bai (P,W.2) of fhe deceased also stated that tlie '^ ^-€ deceased had consunied wine on the fatefiil night Therefore m view ofthe above evidence on record fhe prosecution has not beeu able to estabHsh beyond reasonable doubt fhat in all probabUity, fhe deceased's death was hoBiicidal ia uature. 8. In this case alaiost aU the witaesses have tur&ed hostUe aiid fhere is 110 eye witaess to tlie iacident Jetiiu Rani (P.W.l) who is cousiii brofher of the accused has tunied hostile aad has stated fhat he does not know as to how Aghni Bai died. Accordmg to him 011 fhe fatefiil night Pa^dri Bai, the mother oftiie accused came to his resideuce aad uifomied hiiEi aboiit fhe mcident. However though this witness has admitted fhat tlie accused used to consunie wuie, He stated tliat Paadri Bai uiformed him that Aghni Bai fell down aad died, Paiidri Bai (P.W,2) who is mofher of Uie accused aad mofher-iii-law of fhe deceased has stated that she is residuig separately. On fhe fatefiil night her graad son Genda camie aad uifomied her about tlie mcident, She had gone to the house ofJefliu aiid fhe accused had gone to see fatr io. tiie viUage-Kardega. This witiiess has also tunied hostile aad ia the cross exaimiiation she has stated Uiat she was residing separately from her son ShUu, She has further stated tliat when she reached the house of Shilu, he raii away. She has further stated fhat -Jethu reported tiie matter to the poUce aad Shilu retumed froni fhe fair (Mela) after consur&uig liquor, She doesn't kiiow what traaspu'ed between Shilu aiid his wife, Aghui Bai, In Uie cross exaoimation she has stated fhat Aghni Bai also consunied liquor, Balbhadra Ram. @ Badro (P.W.3) has stated tliat he went to fhe house of ShUu after deafh. ofAghui Bai, Fraasis (P.W,4) has tunied hostile aiid he has iiot supported fhe prosecution case. Tlierefore fhere is no evidence ui this case, frorsi which aii iiiference caa be drawn fhat the accused had assaulted his wife. The only circuBistaiice against the accused is fliat on the fateful night he caaie after consummg Uquor from. a fau: and he was seen runniag away froni his house by his Biofh.er. Siniply on fhe basis of this evidence, fhe criaiuial Uability of inurderiiig his own wife caanot be fasteued on flie accused wifhout any ofh.er evideuce to lend support to tlie infereuce fhat the accused is fhe ouly person who has coniniitted the heiaous criine, 9. In view of tlie rcasons Bientioncd hereiaabove the judgnient of conviction aiid seutence passed by the tdal Court on tlie accused caiiiiot be sustained as it is not based 011 aay legal aiid couvmcmg evideuce. Virtually this is a case of no evidcnce, 10, In fhe result fhe appeal of tlie appeUaiit is aUowed, The judgnxent of conviction aad seutence dated 18th Juue 2002 passed by the learaed Additional Sessious Judge convictmg fhe accused/appeUaiit for fhe offence under sectiou 302 I,P,C. is Uable to be set aside aad it is set-aside, The accused/appeUaiit Shilii Raai is acquitted ofthe said charge, He be set at libert^r forthwith if uot required ia aay ofher case, Sd/- Chief Justice Sd/- L.C. Bhadoo Judge Thakur £' ^c^ *^-'