E!._THE H-B3H aoyR.T__0?_JUDlGATURE AT JABALoUR (M.P. ) Crimlnal Anueal NoA ^'?s'2^o£ 1999 MBt'IORMDUMO?' J)Fo3^__UNQER SECTIQN .374(2) QF THE CQ?E;_QS' GaMJNAL, PriOGgDURE-197->. ^EEELI.ANT TlnJaTrj ^•^'' 5Jl^:^ RSSPONDENT La.wang sai Mahali son 01 B.aia l-'iahali, aged about ^O years, occupa'tion-Labour, resideat of village Korandha, police s'bat.lon Kusuii, Distriot Surguja OM.P.Q. \'arsve ^' State of Madhya pradesh, / through police S'fcation Kus'ai, District Surguja (Np) *iMdra?*n^ 3wET '•OWIrt^, y^'ii'ifi, RrtKiy'i &.^. f5S^-/^ ^F{. 200- 3TI^?T qyp ((jcil^q.s) an^sr^iR'ii* a2II3?I^?T«'*li<t' STOTW^feiai^ai t3> ¥ A>liul». . L.C. €5 ^ ^ r n .iVir. v.l^. Kanciev, counsel Tot Mr. J-.&. Bajpaysa, Pubiic Panei Lawyer fo" the State/respc^ "leard. Ora! judgment. ^"tt. .i Al yy tnis appeai under Se^ appellant has assasled the jud9m4 3t A -} -4-1999 passed by The 1" Adfliti District: Surqu.ia, in Sessions Tr Additlonal Sessions Judqe a'fter commissson of • offsncel sentsncecf ftim T^ 'nicnso ine c"osecuTion case. in evening at about 8.30 p.m. the 4 and demunoed food from his wifet Bsi !eft the hcuse. The accu&d d RuDari Bai went to the house of .rf^^itiu' !-^- 'it is auarrelling w <BI'«fei<illll*inT'ffR5li9'!("l'tci'< ^aif^raii^?! ths aDDsllant. prosecutor with h\r. Devesh Vermc, Indent. y k i f" •1 j" • 13 ction 374 (2) of the Cr.P.C., the ?nt of cohviction and sentence dated ll'-i-i' 'i s.s ^ al No.199/1996, whereby iecrned 1s' ~^-l'n.^^ ^ -^/^r ^ i-^.?^ /*^ //h<^l*T^."> i l/'rfc'r-^ ^"l? ^ f'^T. rt Si^iUin^ i!ty- L^ul'-US^U/L^ppi^HUfi i ^LEiiiy ; ;nrt^r' tion 302 of the I.P.C. !;£. F'*? y^s ^s ^s "^ -"' ^ ^^ ? ^ '^' "^!Tt£HTJQF UTS -•-I. Dr-ier, is TrsaT on l--s-iyy& ;n Tne ccused/oppeilcnt came, to his house Rupin Bai (aeceaSed) on which Rupan !so ieft the house. After some tinie, 'ijan Ram aid iiiforrneg him that the itti her. The accused/qspeiianl'aiso Sl7'r-'a'2005-20,000 aftf Ssi .il-Mittia.wahdB, nniBn *fl*l«I^RT^ \3t,T|r.yi<.iic)«,y>-ifl<i<is, fsirtitiyt .&....A'..I..S-3.^/^.<3.. • • • • n"i'B •••••'•••••••••.• f"s~S~- * f* 1if\»f^* * ^<200- gn^9i iRtp (Ti?tg°ns) iiII^CTiBTR'li* -rOT31I^?ig>Wff sr S!RII8R^ril?[3]1^?t ~'2_ A'enT To the tiouse ot 1 ijan Bai left the house of Tijan Ram. the accused started abusing Rup(m and at about 12 p.m. in the nigh 'Save Save'. On hearing cries, i[ house of the accused and saw thjit house, sha was saying 'Save Sav^'. accused as to why he has assaul replied that he had slapped Tijar| wife Putti too|< Rupan Baiinside IQI died, upon which Tijan. Ram Station; Kusmi on which mepg inti| Head Constable Ram &ev occurrence and after giving noti^e the hody of Rupan Bai Ex.P-8, aif moptem under Ex.P-15. He ulao (( mortem of the body was conduc- four externa! injuries on the boc] the doctor- opined that Rupoir^ haernorrhage and syncope due to After completion of invest) Court of Judicial Maqistrate, *rafo41'f <11*lc!i|"*lfls'^l '((uit^ix ^3lf^T3lA?I and called Rupon Bai, on which Rupan However, dfter reachinq his house; Bai, which was heard by Tijdn Ram ' Tijan heard the cries of Rupdn Bai ijan along with his wife went to the it Rupan Bai was jying in front of her :'. On this, Tijnn enquired from the ted Rupan Bal on which the accused Sai twice. Thereafter, Tijan and his the house, but after one hour Rupan lodged the report Ex.P-1 at Poiice Tiation Ex.P-2 was recorded. idav (PW-11) reached a* the scene of e Ex.P-5, prepared the Panchnama of id sent the. body of Rupan for post- irepared the site plan Ex.P-18. Post- id by Dr. T. Sai (PW-10) who noticed y of Rupan Bai. After post-mortem, iai^died on account of internal •?••- ^ujAure of sp!een. Igation, charge sheet was filed in ths |l Class, Ambikapur, who in tum Yttdav •T:&200o - 20,000 Bl n XI-HC-78 *ii*t«ia?1TTsp d-ct) -t| |A| |rt«,WlTl'(1<itt, Rrti<tly G?, ft.;5^^/' 3n^?T IRTO (I3?^5) SII^?T!BTRFii<R nsnaii^sTsbficb committed the case fo the- Se^s the .1 Additionai Sessions Jl Lecrned l' Additional Sessid'nsj Prosecutor and counsel for thef of the opinion that pnma faci i.P.C. was made out ugainst tl^ fransed the charge and read accused/appeilant denied the ct] ihe prosecution in accuseQ/aE sl'atement of the accused recorded by learned Additional matzria! appearing against him tfie prosecution witnesses havi said tnat he has been falsely ij Learned Additionaf Sessions J Additionai Public Prosecutor and sentenced the accused/oppf We have heard Mr. V! f appellant and'Mr. 3'.^- Bajpoye &.K.Verma learned Panel Lawye <ni«fc?41i•<i*inT^flsucl •<(ultcit ^srf^Hsn^CT se^sions Judge, AmbiRapur, from wns.re, (idge received the case on transfer. Judge after hearing Additionai Pubiic accused, perused the record and was '^, offence under Section 302 of the ^ accused/appeilant. -Accordingiy, he over to the accused/appellant. The arge and claimed to be tried. ord^r tp prove the charge against the |atl 11 witnesses. On •f'he other hand, unlder Section 313 of the Cr.P.C. was jSessions Judge 'fn which he denied the ^snd stated that he does not know why deposed against him, and ultimateiy [nplicated 'm the crims, he is innocent. ^idge dfter hearing the arguments of aihd counsei for the accused convicted ilant in the manner mentionect above. t Pandey, learned counsel for the je, iearned Public Prosecutor with Mr. )r on behalf of ths StaWrespondent. *ti*iirti a»'n^ ^3vSS T<<raiw<<, y>'^1'<i'li(B, RrtK+y'i ^:fi-ls^^ •^F^tQQ— 311^91 q^q? ('jcrfgslS) 3ii^CTgiTR'ii* aaiT3iii?T**fit|i 8TOKR «ISdSK^V ^- p^iired ffi.r. Pandey, learned counse|! ia no eyewjtness in this case. A\ As per the medical report, Rupa| spieen, as the deceased was therefore. on account of consunliin The spleen of ftupan Bai was ruj hard surface, and the decease^ further argued that this fact fir| T. Sai (PW-10). Therefore, thli accused with the murder of his w| recorded by the trial Court is bast On the other hand, Mr. J.D( supported the judgnient of the tr| Having heard iearned coun^ the prosecution evidence. It is tj law of the deceased;DW-2 Putti Ram, PW-4 Videshiya father of 1f tumed hostiie. Therefore, there| order to connect the accused/cyj E'/en there is no convincino circt accused/appeilant can be connect^d PW-2 Puttj, sister of the de^ <»Wfri<n-1•<l*ldT<T'(<l^l 'iKn'tcix ^3lR|lTalrt?T for the appeilantargued +haf there i the wi'1'nesses hove turned hostile. i Bai died on account of rupture of in the habit of consuming liquor, liquor- he" spleen was snlarged. on account of her felling on a iso received other injuries. He ds support from the evidence of Dr. ere is no evidence .connecting the fe Rupan Bai, assuch, the conviction zd on no evidence. . Sajpayee, iearned Public Prosecutor ial Court. ;el for the parties, we have scanned hue that PW-1 Tijan Ram brother-in- sister of the deceoised, PW-3 Kusan he deceased and PW-5 Rupdev ha.ve. is no ocular evidence in this ccse, in geilanl- with the murder of hjs wife. ^mstantiat eyidence upon which the with the murder of his wife. Even ieased, has stated in her cross- ;-;M-'&-2005-20,000 iii HW^I as'*n^ d'c.T) -^iyirt^, u>Ti1wico, Rirti'i-iyi .^..A-.i5.3^^ ^200 3n^9TiR<p (yl^i's) aii^CTwR'ii* !pliail^?i<pii<i> «-/' 4- exammation that relations of t cordiai. TTie defence of the accilised of prosecution witnesses -is that| in-law, who was residing n^arb'j' injuries as she fell down on the l^ard In this cpnnection, if (PW-10), 'ne has .stated that <ji injuries were bruises and one waj body, spleen was found rupture^ fpactureci. In cr'oss-examinc>tid injuries, which were found on th eaused by faii on a hara sui'face[ of consumption of liquor, spleen can be ruptured even on less pre| PW-1 Tijan Ram that all their fa^ iquqr. 'hus, one hand, the deceased received injuries on o.< rendered probable since thee.&oi which were found on the-'Tsody feliinq on a hdrd swfa.ca, osnd tS with tess pressure on +he same. <l'I'i|(<t<S)'l*llHriTit'fe'^l •(IUI'K;II ^si^Hsiftai tie deceased and the accused were which appears from the evidence he informed Tijan Ram, his brother- his house that Kupan Bai received surface. examine the evidence of br. T. Sai ut of four externai injuries, three ; scratch injury. On dissection of the and 9 & 10 ribs' were also found n, this witness has stated thct the '. body of deceased Rupan Bai, can be .*• He has aiso stated that on account can be enbrged and eniarged .spleen ssure. It has come in the evidence of niiv members used to conajme Hand'ia defence of the accused that the [count of falling on a hard surface is ^tor has also opined that the injuries \)f the deceased could be caused by e enlarged spleen could be ruptured \As against this, fhere isno_eviden.ce-^ Sl'l'E:S. 2005-20,000 ^3 1» Ji ^ ^ ^ OOO'OS-SOOZ/SartlK 1/\ (SfeE^il) (bth 16^Ue <»to...^^..^^.... ^i^ifiur xRl-MWIaJ ''>l^!>tyL<ri't?<.S|t?lb-|2.aP' ^ ij^-^.i^..iir:t;^. Wr- s •i- DUCC sBpnc ij^nuiqsaa qaijBSOEy diiia ; -fPS <( aBpnp ooavHa'o^ -/PS •d-spjo sw^ j.o Adoo psij.14., pasodsip spw^s SOOZ/Zl?'ZI'oN'd('u: / -i.au j.i 'i|4.!M4+^ 'U'oqij +o+ss aq o, SLJ+ j.0 2Qg UOjJ-aSg .ISpUn s5jDt|3 ^ 3LJ4- pUt> SpjSD +3? 3.10 33U3+USS pLK) 341 "pai<0][D Sl 31UO? 31)4. pUO Sp3333] •33U3p!AS |o6s| AUO UO p; 3q +OUUD3 +jno3 JD|^4 si|+ Aq psp 'ijsns sy 'iDg uodng ^.o jspjniu aii+ tj. 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