XLHC-‘78 WW ..................... a1 200 WW<W) Wan—7W WWW WW§WW M$wm aamm I for commission of offence under Sedion 302'of The IPC) for ‘ commiffing murder of Kris @ Krishna, senfenced him To undergo ‘ rigorous imprisonmenf for li Case of fhe prosecui on, in brief, is fhaf Krishnu @ Krishna '“(s‘ince deceased) was resid of Viilage Vindcwunpur, DisTr-icf Howrah. He along wiii’h Roju @ Hafij i (PW-3), Sheikh Mehroj (PW-4), Sheikh Iliyos (PW-5) Mahubul (PW ren1'ed premises of Kishoro'B i (PW—21m 'fhey were doing embroidery i work. On The fafeful day ie. 26.9.99 oi” abouf 7-7.30 pm. accused @v Buboi Mandal & Krishnu felevision in ihe house occused/‘appeiiam‘ aiong wi+h ishnu @ Krishna come ou-l'side ihe room . and left fhe place on a bicyc Thereafi'er, fhe deceased did no'i return in +he nighi‘ and next day ing The'persons who were working wi'l‘h ‘fhe deceased s'rarfed searc ing him and of ahou+ 12.40 p.m. Shaikh Hafijul (PW—3) lodged a mis ing report in the Police Sfa'tion Mohan Nagar, which was registered at Sr. No.45/99. On 27.9.1999 at about 10.00 am. somebody infor in fhe Police Sfation Bhilai Nagar over telephone 'thaf in front of B ngalow No.13 of 32 Bungalow across ‘the Nehar drain a body of unkno n person is lying and fhere is a coconuf rope around his neck. and accused/oppeHon'f were residing in ’L \\ P.T.O. h u f‘ . e - ) rishno (since deceased) were wafching of Kishora Boi (PW—2), fhereuffer r l m n m XI-HC—78 WW,WI§,W WW m 200 WWW WWW mw§wm éamm wwwm Above information was ienquir‘y was handed cver 1'0 ‘Tiwari (PW-7), who reached ‘ phofos of body were faken. ‘q‘eck, there were injuries on ‘ edged weapon, There was ble i Sarge hairs were also in The isf of fhe deceased, two pairs of slippers imam) and one black colou button were iying there, there were. i Rs.120/— in the wallet of dec ased on which name of deceased Krishnu 5 @ Krishna was there. One vi ting card of Vinod Kumar was also in the wallet. Shri RB. Tiwari recorded in Roznarnchasunhu No.2110 and +he Assis+an1 Sub Inspecfor Shri R.B. an fhe spot called fhe phoi'ographer and 4e saw fha'i' there was a rope around +he the neck & sfomach inflicfed by a sharp ding and knifeEwas Iying on ihe stomach. ’\\ er giving notice (Ex.P-6) to Panchas - prepared inquest (Ex.P-7) on he body of Krishnu @ Krishna. Body was sent for postmortem exami‘ tion to the Government Hospital, Durg under Ex.P-8 where' Dr. V. . vprepared the report Ex.P- asphyxia due to strangulation, shock 8i haemorrhage on account of multiple ante mortem injuries. Knife, hairs, which were. in the fist of deceased, one black colour button, one wallet d two pai Ex.P-10. Clothes of accused while in police custody gave memorandum EXP-14 respectively. Accused Sao (PW-10) conducted postmortem, and opined that cause of death is ‘s of slippers WED were seized under (Si deceased were seized under Ex.P-13 / P.T.O. mW<W> XI—HC—78 4 3a W, m,W Wm ..................... W 200 Wm<W> mww f WW§§®W wwwm raerrwéwm ‘ ' %3Tf?m3néw EXP-15 regarding fhe piace where he kepf The bicycie and in pursuance §of Thuf bicyc!e was seized u der- Ex.P-16. Sample of hair's of +he head ‘of accused Were taken inf‘ possession under Ex.P-17. Recovered articies were sent for ch mica! examinafion +0 Forensic Science ‘ baborofory, Raipur under Ex. -18 from where report ExP~19. Repori’ of “x hair examinéfion is ExP-ZL £ After comple+ion of us al invem‘iga'iiom charge shee+ was filed in 1'he Caur‘r of Judicial Magisi' ’re 1" Class, Durg, who in furn commiHed~- +he case +0 learned Sessio s Judge, burg from where learned 4*“ l Addifional Sessions Judge re eived +he case on fransfer for 'l'rial. The prosecution in order +0 est blish the charge against the accused/ appellant examined 16 witne es. Statement of accusedioppellant was recorded under Section 313 f Cr.P.C. in which he denied the material appearing against him in the prosecution case and stated that he is ‘ innocent and has been falsely mplicated in the crime. Learned Additional Se sions Judge after hearing the arguments of learned counsel for the re pective parties, convicted and sentenced the accused/’appellan‘t, as afo ementioned. We have heard Mr. Shravan Agarawal, Advocate for the appellant and Mr. U.N.5. eo, Addl. Public Prosecutor for the ‘\\ respondent/State; \ g s\.\\, \ P.T.O. i ‘JM XI—HC—78 W 200 mm WW(W) WWW WWW mmwm WW§WW égwm concerned, the same has n01” bf homicidal dea‘l'h of Krishnu @ Krishna is appellant Moreover, as per conducted The pos1mor1'em as sirangulafion & shock as a resulf of ‘ haemarrhage and his repor‘r i EXP-8A, if is esfablished fha'l' dea'rh of i Krishnu @ Krishna was homici al. £ As farms involvemenf of fhe accused/appellanf in 'rhe crime in question is concerned, in This casev'ihere is no direc'l' or ocular evidence I connecting fhe accused/app llan'r wi‘l'h fhe crime in question. Whole case res'ts upon the circumst tial evidence. The prosecution has tried sf the accused/appellant based on fhe As fur as fhe quesfion been disputed by learned counsel for fhe L evidence of Dr. V.K. Sac (PW-10), who on fhe body of Krishnu @ Krishna has afa-red fha‘l' cause of dea‘rh u a +0 esfablish the charge aga following circumsfances: 1. Tha'r, 'rhe deceased was lasf seen alive wi1'h ‘rhe accused before his deafh. accused/appellan‘r's Shirl was found near 2. Tha'l', fhe buffon of fhe body of deceased 3. That 'lhe slippers o'l accused was found near ‘rhe body of deceased. was recovered from fhe house of accused/appellan'r at his instance. 1’s 4. Tha'l', ‘l'he bicycle \\ y f\\\~\ I \¥ >\\ \ P.T.O. . . mw,m,m WW W\ 200 WW(W) WWW wmm WW§WW $Ww§¥1 matwm 5. That, The injuries w found on The body of accused/appellant 6. That fhe nccused/ pelianf dissuaded Shaikh Hafijul (PW-3) i nof To lodge repor‘r in fhe police sfa‘l'ion. :‘ 1" Circumsfance: is circumstance fha'r The deceased was ‘ ins? seen aiive with ‘rhe accu d, fhe pmsecujion has examined Kishom 1 Bai£(PW-2) larldlndy of uccu d and deceased. This wifness has stated XI—HC~7.8 v I In order 1'0 esfablish u f ltenant and they were engag d in the embroidery work. About four imon'rhs back in fhe evening was wafching feievision in her house aiong with her husband. Af 1' 1ime accused & deceased were also ‘wa‘rching +elevision. A'r abo‘f 6.00 pm. in the evening accused and deceased left the house and to where they went she does not know. v Next day she heard that Kr hna went to watch the movie and there somebody has committed h murder. She does not know with whom Krishna went to watch movie. There is no other evidence to show that the accused and deceased we t together to watch the movie. Moreover, the prosecution has not been able to adduce any evidence to establish that the deceased and accu d both had gone together to watch the movie and somebody saw the going on the bicycle. Evidence of Kishora P.T.O. that the deceased, accused d other persons namely Rqju @ Hafijul,‘ lll‘ Sheikh Mehrqi. Sheikh Iliy & Mahabul were residing in her house as e e e a i XI-HC-.78 EW,W,W wm(W) ”W 200 Mam WWW wwwm WWW§W®RAR éKWW difference in fhe descripi'ion of fhe bu‘i'ron recorded in ‘the seizure ‘ memo and acfual buffon which was produced before ‘rhe Court i wccur'rence fumed wifh +he E ; was mken info possession. prosecu‘rion has no? been ab 111a crime in quesfion. 1 .3” circumstance; So for as The recovery of fhe slippers (W) of +he accused/appellant from the place of occurrence is concerned, Sheikh Iliyos (PW-5) has stared in 'Hae cross examino‘rion fhaf slippers (Ema) of The deceased and +he accused were shown in 'i'he police station. ‘ Mahabul (PW-8) has also S'l’a‘l' in +he police sfafion. Bofh d that slippers (Ema) were shown to him ese witnesses were residing with the deceased and 'l'here is no re on for 'ihem fo give evidence againsf The prosecu'rion wifhou'r any reas n. Moreover, 1'here is no cogen'l’ evidence f0 1he effecf fha‘r 1'he slippe s (W) which were recovered from fhe place of occurrence were o fhe accused and fhe deceased. Proper identification regarding slip ers (W) has not been established. ‘ r\¥ P.T.O. In view of. 1’he above, the prosecufion has no'l’ been able 1'0 i esfablish float 'rhe buffon i WW 6;) which was seized from the place of >utton of the shirt of the accused, which erefore, based on this circumstance the le to connect the accused/appellant with i XI—HC—.78 ‘ WW 5L9 m 200 EW,W,W maa‘rw wmm wwwm WW%'WW éamm Therefore, based on This ci-cumsfance also We prosecufion has no'r § been able 1'0 connect +he accused wifh +he crime in quesfion. ‘ 4"” circumstance- SG fur as The recovery 1 ‘ha blood sfoin was found on 1‘ belongs +0 fhe accused/app 3 house of accused/appellam- he deceased going along wi'l’h 'l'he accused on fhe fa‘reful day They sow on lha'l' bicycle and fhere is mo such circumsi'ani‘ial evidence fha'l' 'l'he l bicycle in quesiion was used‘i WW(W> ‘ of bicyde is concerned, as per FSL reporr 'he bicyc!e in question. Moreover, bicycle llan‘l, lhe some was recovered from The his insi'ance and nobody has slated lhal a carrying The deceased. Therefore, fhis ‘ circumstance also does nof connecf fhe accused/appellanf in crime in quesfion. 5*“ circumstance; So far as 'the injuries f ound on 'the body of accused is concerned, Dr. V.K. Sao (PW-10) has stated fhat on 27.9.1999 he examined ‘the injuries of accused also, fher on maxillary praminal in ‘U' st ape: one abrasion on ‘the cheek and scab Injuries were anfe mortem in nal'ure and Moreo' er, PW-3 Sheikh Hafijul in Para 2 of his ou1' 9-.36-9.45 p.m. when he returned fo e was an abrasion in fhe size of 1" x 1/8" was present on ‘the abrasion. his report is Ex.P—11. evidence has sfa'ted fha't at a P.T.O. x1—HC—78 10 a W, WWI—qr,W Wm ..................... W\ 200 mW<W> WWW ‘i WW§WWA mwmm WWW éEWW house offer wnfching movie, Mahnbul Told him 'fhaf The he has me‘r wi'rh an acciden'r and when he asked as to where accidenf happened, “then he said fha‘r acciden‘f fook place a'I' Raipur Naka. Mahabul (PW-8) has also y sfa‘red +ha'r he enquired frorn 1'he accused as 1'0 why he was washing his : ‘5 face, fhen he replied +haf he me‘r wifh an accideni' and fhat is why he is washing his face. 4 Based only on +his circumstance, as ihere is no ofher circumstanfial evidence +0 connect fhe accused in ‘l’he crime in quesfion, H is difficulf 1'o connecf the accused with the crime in question unless there is other circumstantial evidence regarding involvement of the accused/appellant in the crime in question. Moreover, the accused/appellant on enqui ' by these two persons stated that he sustained abrasion injuries o account of accident and the prosecution has not tried to adduce any vidence .to establish that the accused in l fact did not met with any acc dent and that was a false explanation. 6’" circumstance; So far as the accused/appellant dissuading Shaikh Hafijul (PW- 3) not to lodge the missing report in the police station regarding Krishna is concerned, this fact does not find place in the police diary statement of this witness, therefore, this appears to be an P.T.0. 3 XI—HC*78 EW,W,W Wm ..................... 1H 200 :WW @ w 11 mm<W) Vmamfim WWW mmmm improvemenf in 'rhe cour'f evidence, as such, no reliance can be piaced on fhis evidence. For ‘H'ie foregoing rea‘sons, There is no legal, clinching evidence f0 l connec‘l' The accused wifh crime in question, as such, 1'he convic‘rion of $u¢ccuse‘d/uppellan1'. Babai Mar dul under- Sec‘rion 302 of the IPC and senience imposed under fha‘r §ec+ion cannot- be sus‘rained. ‘ In 1'he result fhe appeal filed by 'rhe appellant succeeds and ihe same is allowed. Conviction of appellani Bobai Manda! under Secfion 302 .of ‘l'he IPC and sen'fence imposed under 'rha‘f sec‘i'ion are hereby se1' _ aside. He is acqui‘Hed of 1'ha1 charge. If is s‘rafed 1'ha'r fhe appellan'i’ is in defenfion since 29.9.1999, therefore, he be se'r a? liber‘fy for‘lhwi‘lh, if not required in any ofher ccse. Sdl- L.C.BHADOO . l WWEWW r ‘ éamm DmENDRA NESHRA‘ . Judge