XI-HC-78 d-=| ^|<<|c|q, STf1d'|6, fa|dlti^< ^WWI Sh^ll* • »./a .0.6. y''-s"?R 200 3ii^i 4a»('i^HCI<!3') sn^rsRrfyit.?; dW 311^1 Stltfieh ^» 5^ITW:flf5(T3n^T DIVIS CORAM: HON'BLE MR. L.C. BH|ADOO & HON'BLE-MR. DHIREt CRIMINAL APriEAL N0.83 OF 2000 APPELLANT (tnjail) RESPONDENT Ve'rsus Nateht- aged a P.S. (C.G.) led Sahu, son of Dasram Sahu, a|3dut 40 years, resident of Devrani, laijaipur, District Janjgir-Champa State Station (C.G.) Present : Mr. AbhayTiwari, Advo|cate for the appellant. Mr. Ashish Shukla, PanelLawyer TOF the S ORAL (Passed on Followina iudament order of the Today, this appeal was counsel for the accused/apl accused/appetlant is jn detention) appeal itself be heard finatly, o( submits that he is also ready to appeal is being heard finally. This appeal is directed aga) of sentence dated 5 October, J Judge, Sakti, District Bilaspur in <tii<ifci41-i mrat' ^' tecA <R|+A|<. ^3T)^R'3TI^T fclN BENCH DRA MISHRA, JJ of Chhattisgarh, through Police Jaijaipur, District JanjgirChampa AddiI. Public Prosecutor with Mr. Akhil Mishra, :ate. JUDGMENT Cdurt 6T" March, 2007) Lwas passed bv L.C. Bhadoo, J: sted foradmission.however, learned )ellant submitted that since the for last about 7 years, therefore, this which leamed counsel for the State irgue the matter finally, accordingly, the jnst the judgment of conviction and order ^OOO passed by the Additional Sessions iessions Trial No.201/2030 whereby the P.T.O. SiiMilf] XI-HC-78 3^T •^wivf'ti, 9xfl+l'l6, fslciwy W*T^TT 8)^7^1 ^R; 200 311^1 4acb (1^)^^) 311^1 i^^icb TOT3ll<i<l st>t< '•^, ?RTTWfff5(T3n^T qii<iFi?i41-f ^iticil'fffei^'<Ri'wi< ^;3rf^IT317^r Additional Sessions Judge after h|olding the accused/appellant guilty for commission of offence under Se^tion 302 of the I.P.C, for committing murder of his wife Kachra Bai, | sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.2,000/-, in default of payment of fine to further undergo rigorousjn|iprisonment for six months. The case of the prosecutiort, tn.brief, is that on 1.4.2000 at about 9.00 a.m. Phoolsai lodged a repo effect that when he received infor^nation regarding death of Kachra Bai, wife of accused/appetlant, he went Kachra Bai was lying dead. Theres the place of occurrence and after i ft in the Police Station Jaijaipur to the to the house of accused and saw that fter, he informed villagers and reported the matter. Based on this, First Infcfrmation Report (Ex.P-6) was registered and the accused was taken into ci|istody. The Investigating Officer teftfor ^suing notice (Ex.P-10) to the Panchas prepared the inquest report (Ex.P-1|1) on the body of Kachra Bai. While in police custody the aceused gave ^nemorandum (Ex.P-8) regarding rapa, weapon of offence and in pursuani(;e of that he got recovered rapa, under Ex.P-13. Blood stained clothes o Site Plan (Ex.P-15) was prepared. accused were seized under Ex.P-14. Dead body of Kachra Bai was sent for postmortem examination to the Cohimunity Health Centre, Jaijaipur under Ex.P-17, where Dr. S.Kachchhap ^onducted postmortem examiriation and prepared postmortem report Ex.P}22. The doctor opined thatcause of death of Kachra Bai, wife of Nakc|hhed, is haemorrhage & shock due to incised woundsover the neck resu|ted in injury to air passage, great vein, artery.nerve muscles and mode ofjdeath is homicidal. Recovered articles were sent-for chemical examination| to Forensic Science Laboratory, Sagar from where report Ex.P-30wasrec^ived. K;:.;-;; ^'--s ^:'^. SSI K'! K23Kt• ESI m P.T.O. x' ll^^^i XI-HC-78 3^ -lll^lcl-i|, ®Tn<H'l<B,Rldltiy HWW\ Sh^l* ^ 200 311^1 >4act} (^f^^iT) 3TI^T ^T f^^FB tisnsn^TgTfriq; SWTW fffsff sii^r After completion of usua against the accused/appellant in t^ie Court of Judicial Magistrate 1" Class, Jaijaipur, who in turn committec Bilaspur from where ieamed AddH the case on transfer for trial. Tt charge against the accused/appe of aceused/appellant was record^d under Section 313 of the Cr.P.C. in which he denied the material a evidence and stated thatwitness We have heard Mr. Att accused/appellant and Mr. Ashish] Akhil Mishra, Panel Lawyer for the| Learned counsel for the homicidal death of Kachra Bai. N Bai and henoticed as many as ei and wind pipe were cut. Injuries death was haemorrhage & sho^ wounds; Therefore, in view of established that death of Kachra Bai was homicidat in nature. Learned counsel for theacj involvement of accused/appellanl ^•"L '=bl<lf<~l'ifl-l WRTt' if te^l' ifal^K. ^srf^q-sn^T investigation, charge sheet was filed st the case to learned Sessions Judge, ional Sessions Judge, Sakti had received I/'f. le'-prosecution in order to establish the lant e'xamined 23 wrtnesses. Statement pearing against him in the prosecution s have deposed against him on account of animosity. After hearing learned cour|sel for respective parties and pemsal of the record, learned AdditionalSes^ions Judge convicted andsentenced the accused/appellant, as aforementic|ned. hay Tiwari, learned counsel for the Shukla, Addl. Public Prosecutor with Mr. State. ^ccused/appellant has not disputed the (oreover, Dr. S. Kachchhap (PW-20) has stated that on 1.4.2000 he condijicted postmortem on the body of Kachra Ight ineised wounds. Carotid artery, throat hwere anti-mortem in nature and cause of |< on account of the injuries i.e. incised Ihe above evidence of the doctor, it is used/appellant has also not disputed the in crime in question. He simply argued ^83 .^s •^•^ s^ iU !SgtB ^l^ E'-^s^ P.T.O. rl"llr"' ^/ XI-HC-78 3^ '<ll<i|lcl^, ®xfl<l'is,[sKrll'Hy W*<CTT Sh<^|ch ^T 200 Sllcj^l 4a»(^q(^qi^.a') an^T'iiTf^TW BqT3I1^raiITRi ?WTW'ErfN'3T1^?T fe #ie that relations belween the accusetl the fateful night some quarrgl took the quarrel, in a heat of passic|n deceased with rapa, therefore, th< does not travel beyond Section 304- On the other hand learnetl judgment ofthe trial court. In the present case there conviction of accused is based on 1. That, the accused and| the house and the m^ house of accused/app^l That, rapa, weapon of| accused/appella.ht fron|i That, rapaand clothe^ blood. That, the aecused Horilal&PW-SI and the deceased were not cordial, in blace between the two and on account of i, the accused/appellant attacked the ofFence against the accused/appellant t-llofthelPC. scpunsel for the State supported the 2. 3. 4. Purandas 1 circumstance: As far as this eireumstancel Kachra Bai wasattacked in her house, there was blood on the was seized by the Investigating confession before PW-9 Puranda|s accused/appellant has not the house, as sueh, the prosecutio|n Wlfepft^ iTOrTr'ff tecit'd^ZR ^i arRpT 3n^?r Is no ocular or direct evidence and the following circumstantial evidence; the deceased were last seen together in Mer of Kachra Bai was committed in the lant. loffence was recovered atthe instance of his house. of the accused were found stained with ma|de extrajudicial confession before PW-8 |is concerned, it is admitted position that house, her dead bocty was lying in the gtound at the place of occurrence, which pfficer, the accused made extrajudicial urandals as also before PW-8 Horilal and the explairled anything that he was not present in has established that in the fateful night P.T.O. II 1 i XI-HC-78 3^T "IINKI^, ®Tflt1'l<o,(sldKHy ^IHC'TT afflrai ^ 200 ail^i Ma* ('i^i'j'd^) an^TW wrsn^Tgw-i) ^RrTWtrfStTSIT^T when the murder of Kachra Bdi accused/appellant was present in t^e presei|ice 2 Circumstance:- As far as this cireumstancse that the accused has signed on signature at 'A to A' place. PW-7 Ex.P-13 was prepared in his from the accused in his presence were also seized under Ex.P-14. has stated that when the accusec) were standing there. He has rapa. The Investigating OfRcer accused gave memorandum Ex.I produced rapa, whieh was Therefore, it is established that blood was recovered at the instancfe 3 Circymstance:- As far as this circumstancle Rapa, towel, shirt and baniyan examination to the Forensic Scieilice report (Ex.P-30) onall these arti|sl established that on the clothes of there was blood. The accused/apt?ellant how the blood was found on his clot 7' <=hM[^1^flT1 ^W^ ^ f^t ^Slf^giT 311^1 i was committed in her house, the house. s concerned, PW-6 Phoolsai has stated memorandum Ex.P-9 which bears his Khusram has stated that seizure memo s, rapa, weapon of offence was seized under Ex.P-13. The clothes of accused In Para-14 of cross-examination PW-7 took out the rapa number of persons stated that there was blood on the Shri A.K. Bajpai has stated that '-7 and in pursuance of that accused into possession under Ex.P-13. of offence i.e. rapa stained with of accused/appellantfrom his house. further (Pl/V-21) taRen wjeapon is concerned, recovered articies i.e. the accused were sent for chemical Laboratory, Sagar and as per FSL Isles blood was found. Therefore, it is ]accused and Rapa, weapon of offence, has not explained anything that (hes and rapa. P.T.O. IIfi XI-HC-78 3 T '<<l-I<ICl'i<, ®Tn<1'16,(atCtiyy HI*1W Sh*<|ch ^ 200 3ii^i yach (yii^s)^) STI^T^iT ?rS)T3f1^?T?)tTW ?T(ITW;HfN3TI^T 4th Circumstance:- As far as this circumstan'c^ stated that Natthu, brother of Nakchhed has committed murder o1 in the vicinity carrying lathi in his' that he has committed murder of hij Nakchhed where he saw the wiN witness, in cross-examination by categorically stated in Para-6 tha| accused, he enquired from the the accused said him that he has said to him that let us go to your lathi in his hand. R/V-8 Horilat Nakchhed, was informing her u.nc| murder of her mother,thereafter,ls| why he has murdered his wife,) happened if he has murdered his of PW-8 Horilal & PW-9 PurandasJ extrajudicial confession in the and in the cross-examination of th' been able to elicit any circumstat confession made by the accu^ extrajudicial confession stands co^ wife of accused was lying dead ir| eight incised wounds on her evidence of medical jurist as also adcused, h^nfl, acdused hduse, pres]ence bocjy ^rafefrT wrerr ET'te^ I^RZTC ^3tf;gn3:n^r is concerned, Purandas (PW-9) has informed him that his brother his wife. Thereafter, he saw Nakchhed -h^nfl, on enquiry Nakchhed infbrmed him wife^on which he went to the house of of Nakchhed in dead condition. This llearned counsel for the accused, has »t after informing by Natthu, brother of when he met him on the way and c<bmmitted murder of his wife, on which he ), at that time Nakchhedwas carrying Ihasstated that Jammu, daughter of le Natthu that her father has committed latthu scolded Nakchhed and said as to on this Nakchhed replied that what <(vife. Therefore, in view of the evidence it is established that the accused made of PW-8 Horilat & PW-9 Purandas these two witnesses the defence has not tahce which shows that ttie extrajudicial i^ed was involunfary. Moreover, the ^oborated by the fact that Kachra Bai, the house and there were as many as r, which has been established by the inquest report Ex.P-11. Apart from that P.T.O. ittl K9. 'i^t^^?; XI-HC-78 3^ '<<i'i<id<i, aTf)«Jis, Ridiuy flm^TT ai^rai ^ 200 3ll^?l ^iach (l^cli^d^liT) 3TT^T^T^|ch TOTsn^TgiTri^; ?TtiTWHf5(rsi7^r an|y ffie commifted ffie the dead body of Kachra Bai was accused has not explained anythir those injuries. As per Section 106| specially within the knowledge of is upon him. In the present case, of accused and he has not explaii| murder of Kachra Bai was additional circumstance to connect As far as the argument ^d accused/appellant that the accuse^l quarrel and in the heat of passioit evidence which shows thatany qu^ that process the accused assaulte(J R/V-9 Purandas before whom the have not stated that theaccused stated that there was any quarrel b( the accused attacked his wife. As| show that any quarrel took place t(f and in that process the accused which the accused attackedthe resultofwhich herwind pipe, nerve], the accused assaulted the deceas^d which eight incised wounds were| therefore.the intention ofthe accu^ waswritlarge. <til^fi-1ifl-< 4|l^dTfffei<'1 <RlWK ^Slf^tTSd^T found in the house of accused and the |ig as to how Kachra Bai sustained all of the Evidence Act, when any fact is person, the burden of proving that fact murder was committed in the house ^ed any circumstence under which the I, therefore, this circumstance is an accused with the crime in question. ^dvanced by learned counsel for the assaulted the deceased in a sudden is concerned, there is nothing in the irrel took place between the two and in the deceased. Even PW-8 Horilal & faccused made extrajudicial confession making extrajudicial confession had itween the two and in a heat of passion Isuch, there is no material on record to tetween the accused and the deceased attacked the deceased. The manner in with rapa, a deadly weapon, as a muscle and carotid artery were cut and as many as eight times on account of caused on the vitat part of her body, ied to commit the murder of Kachra Bai while decteased ^'::i.I>'. •:.T': ^syt' '^••: B:a P.T.O. XI-HC-78 3^ •^WWt, tfnflu'is, (c|(-f|y^<, *<1*<MI sb^lch ^T 200 311^1 <4flch (l^:li^sl^8T) 3n^T<CTf^ira cwan^Tshiiieh ?T(ITW^f?cT3T1^T In view of the above irresistible conclusion can be dra'l crime in question. For the foregoing reasons,| there is no illegality or infirmity in sentencing the accused for commi^siort' In the result, the appeal dismissed and 'rt is accordingly disi^issed. circun|is1ances established by the prosecution 'ln/n that the accused was the author of we are of the considered opinion that 1|he judgment of trial court convicting and Fof murder of Kachra Bai. |being devoid of merit is liable to be ^il^ltd^-f ^IK^'ffte^<Rl«K ^arf^FR'gn^r Sd/- DHBtENDRA MKHRA 3udge P.T.O.