iS f T •^ HIGILCOURT OF CHHATTI8GARH AT^ILASPUR (Divisipn Benchl CORAM : Hon'ble Shri Vijay Kumar Shrlvastava & Hon'ble Shri Dhirendra Mishra, JJ. Crimlnal Appeal No. 2719/1998 Appellant PUanthus Lakda, s/o. Kameel Fitku, aged about 26 years, Caste-Uraon, Occupation-Agriculture, r/o. Bodapehari, Chhii'olpara, PS Bageeclia, Dist, Jashpumagar. Versus Respondeuts State ofM.P. through PoUce Station Bageecha, Dist. Jashpuniagar. Preseat: ^ Mr. S.S. Rajput, leamed couasel for the appeUarit. Mr. M.P.S. Bhatia, leamed Paael Lawyer for the State. Criminal Appeal No. 1095/99 Appellant Versus Respoudent Benjainiu Lakda, S/o. Karueel Fitku, aged about 45 years, Caste-Uraon, Occupation-Agriculture, r/o. Bodapehari, Chhiropaip PS, Bageecha, Dist. JasUpumagar. State of M. P. tbrough Police Station:Bageecha, Dist. Jasbpumagar. ^Present: Mr. R.K. Jaia, leamed counsel for fhe appeUant. Mr. M.P.S. Bhatia, learaed^PaaglLawyer for the State. .r'" 2 JUDGMENT (Dated 24/03/2006) ^ Bofh these appeals are diTected against fhe judgiuent of convKtion aad order of sentence dated 02/09/1998 passed by Additional Sessions Jydge, Jashpumagar, ia S.T.No. 114/98 whereby holding both the accused/appellants giulty for committmg fhe offence of murder punishable iinder Section 302 read wifh Section 34 offhe I.P.C, sentenced each ofthem. to undergo R.I. for Ufe aad to pay a fine of Rs. 5,000/- and in defazilt of payinent-of fine to undergo SI for five years. 2) Bofh the appeUants, their parents and deceased John Bosco were living under a single ropf in separate rooins. In fhe mtervening night of 20/02/1998 and 21/02/ 1998 John Bosco was sleeping in his room.. In the laoming on 21/02/1998 John Bosco was found dead ui his rooin. One of the brothers of fhe deceased gave intimatinn to Police who recorded inerg intimation. The PoUce prepared iaquest report and sent fhe body of deceased John Bosco for autopsy. Dr. Christ Dular Bkhla conductcd fhe post inortein who in his report dgscnbed the uijuri.ea''found on the body of deceased aad opined that the cause of death is asphyxia due to throttling. Police recorded fhe FIR and investigated the criiae, oa the rueinoraaduia of appellant Pilanthus, plastic rope and one wooden stick was recoveiied. The wooden stick was sent to the Medical OfEicer who in his report gave opinion that fhe injuiy found on fhe body of fhe deceased can be caused by the stick. Stateruents of flie witnesses were—rscprded.Dece.ased John Bosco 1»" 3 ^ ^ was inentally itl who ui fhe fit of aiental unsoundness was tyrannizing his famUy ineinbers. Alfhough John Bosco was kiUed, but both fhe accused/appeUants who were in fhe same house instead of unveiling fhe trufh spread ruinors fhat deceased died of natural deafh. After coinpletion of iavestigation challan was led in the Court of Chief Judicial Magistrate, Jashpumagar, who coinraitted fhe case to the Court of Session for ta-ial. 3) Charge under Section 302 read with Section 34 ofthe I.P.C., was framed against bottl fhe accused/appeUaats and was read over aad explained to fheni who adjured fheir guilt and claiined to be tried. Their defence was fhat fhey are ianocent and they have been falsely iinplicated in fhe case. / 4) After appreciation of evidence, Additional Sessions Judge, Jashpuraagar held that the deceased was assaulted and kiUed aad to show the criine to be of aa accident, blim tajuries in his body were caused. The appellaiits to suppress the criine, spread false ruiaour that the deceased died as a result of lunacy and ffluess, relying on these cireuinstaaces bofh fhe accused/appeUants have been convicted aad sentencod. : 5) Leamed coiinsel for bofh fhe accused/appeUants did not dispute fhat the deceased John Bosco died as a result of fhrotfling. Leamed trial Court appreciating the laedical evidence and autopsy report held that fhe deafh of John. Bosco was homicidat in nature and to disagree with the said finding we do not Snd any inaterial on record, set apart froia fhe-evidence of Dr. 1 .ii» !»» 'l^fo ^ Christ Dular Bakhla (PW-8) and the post inortein report P/9, it has been estabUshed fhat deceased John Bosco died as a result of fhrotUing which caused asphyxia and the death was hoinicidal. 6) The case coinpletely rests on circuinstaatial evidence and tlie circuinstaxice to hold both fhe accused/appeUants guUly, reUed on by fhe trial Court is that' fhe appeUants falsely spread over the nimour that deceased died as a result of unsoundness of iniad and i11ness. The prosecution has in support of his case examined witnesses naiiiely PW/1 Junus Lakda. PW/2 lUyas Uraon, P.W.-3 Devilal Gabhel, P.W.-4 Parasnatli Thakur, P.W.-5 Ujin Miaj, P.W.-6 Jciikishore Vishwakanna, P.W.-7 Sahuram Ghi-itlahare aad P.W.-8 Dr.Christ Dular Bakhla. We have ineticulously gone through fhe stateinent of these witaesses biat could not find any inatenal to hold that both the accused/appeltaats spread over aay false ruraour relating to cause of deafh of Uieir deceased brofher John Bosco even if it may be true fhat fhey spread over false ruiuozu- that deceased John Bosco died natui-al deafh, that alone could not be sufficient nexus to connect fhe appeUants with the crune i.e. uiurder ofJohn Bosco. 7) When Johji Bosco who was sleeping ui his rooin on fhe fateful niglit and was killed, evidence to estabUsh fhat both the accused/appellai-its, theu- parents and ofher faiuily inembers were •also in fliat hoiise m ofber rooms, is lackirig, even ofherwise assuining it to be true only on fhis scoi-e it caiinot be held that aU the family ineinbers who were Uviiig ia the honie were fhe aufhors of fhe said crtme. In our cousideredopinion the-re is no evidence .a»' ^ y^ which niay connect any of tlie accused/appellants with fhe criiue i.e., murder ofJohn Bosco 8) ln fhe result both fhc appeals succeed. The impugned judginent of conviction and order of sentence passed by Additional Sessions Judge, Jashpumagai- m S.T. No. 114/98 dated 02.09,98 is set aside and both the £(ccused/appellants Pilaiithus Lakda aiid Benjaniin Lakda ai-e acquitted of ttie charges under Section 302 read with Section 34 ofthe IPC and are directed to be set at Uberty forthwith if not required to be detaiiied ia any ofher case. Sd/- V.K.Shrivastava Judge Sd/- DHBtENDRA MISHRA Judge ^u:runa