IN THB HXQH COORT OP .T'gPICfcTORE AT,JABaXS'UR(ME>), CRXMDtM. PE —i-!~>-^/200Q. ^PJE'gfcLM?® y' ^ -^ r s 1. ftjgWugaa son of Ottnaa, aged aboat 30 years* 2. San Nagan sQn o£ Cbinna, aged about 32 years* Both resldents of Sindhl. Bagar rd O'agdalpQrCMP) . -Versus- ; Itie State o£ Hadltya Pradesh OiIMXN&I- APPSAfc UNDER SSCTION 374(2) OP CRIWINat PROCEDURB CODS. CQBVXCTION SSNTENCSS -f> ; Bii XI-HC-78 +11*1^1 sh^ich Tsgr "iiiiici-ii, »T(1u'is, (sicii+iy —..(^.•A-s'-0.-?.5:/^2000 Sll^l ^sitti (yit^'aq<T) sii^rqiTl^iTq; traT3IR?TshHI°b ^tnwdfN'sn^T <tii<<F<i41-f tiitidTifte^t<[«i<-ii< ^SfRfq'sn^T ^»^-'?fil^7-- ."•^~&wr ." a, f\ Shri H.C. Shri W.P.S. Oral judgment dictated on Ij-awyer for the State/respondent. Dais. This appeal is directed aga|i of sentence dated 12-7-2000 pa^ S.T. N o.192/98 v/hereby Special namely, Ar Mugan & San Mugan| 302 ofthe I.P.C. for committing IPC for committing murder of Puj !PC for attsmpting to commit mi| attempting to commjt murder of f 307 IPC for attempiing to commit sentenced eaeh of the accuse^l and to unt of payrne^ b Rs.2,000,'-, in defai months. Thevvwre acauitted ofthe y- iviugan nas q and as oer the order dated 21-9-^ Mugan his appea! has been orde^ apDellant No.2 remains to be decl iinst the iudgment ofconviction and order ssed by the Speciai Judge, Jagdalpur, In Judge afcer convicting accused persons for commission of offence under Section murder of Ganeshan, under Section 302 shpa w/o San Mugan, under Section 307 irder of Raju, under Section 307 IPC for 'ushpa, w/o Ganeshan & under Section murder of Laxmi, rnother ofGaneshan, for each of the offencss to undergo dergo R.i. for 3 years & pay a fine of it of fine to further undergo R.l. for ie charge under Section 294 ofthe I.P.C. ied during the pendency of this appsai 2005 on account of death of accused Ar ed abated, therefors, appea! of accused/ ded. P.T.O. \\. ,'s XI-HC-78 *<l+4Ml sb^lcb 75? '^WM^, STfltl'IS, (c|(»||+fy ^^-..(^.-A..?..Q^^ '\ 2000 aii^i w»('i^y's'f) sn^r^rfgFfN; amai^i s»>Ki»b STcffWHfersn^T «t>i<i?<-i'41-i iiTRfl'ffte^t'<R]«i< ^T3lf^ET3:n^T Flo Case of the prosecution, Dehati Nalishi (Ex,-P/1) in the about 9.30 p.m. to the effect th^ Ward and working in Municipa! and her husband Raju were at and Ar Mugan were quarrelling \wt\ husband came out, inter/ened at which San Mugan and Ar Mugan intention to cause his death attacN' region. Pushpa vrfo San Mugan| accused persons attacked Pushpi her death. !n the msantime, Ganej had aiso come to ssparate the attacked them also Vbith knife. n brief, is that Andhali (PW-1) gave ! Cctuncil. On th^ir 'liee Statlon Bocihghat on 28-3-98 at she is the resident of Gandhl Nagar that day In the evening, she iir residence. At that time, San IVIugan ^ Subra of Gangamunda, therefore, her id persuaded them not to quarrei, on ^fter abuslng Raju in fiifhy language vrf:h ju with knife on his cheek, gtuteal also come to inten/sne, both the in her stornach with intention to cause |shan, Pushpa Wo Ganeshan and Laxmi |ccused persons, the aceused psrsors Receiving thte reoort S.HI. occurrence. he took into oosses; Pushpa under Ex.-P/2. Mer; Ganeshan was given to the Statioh prepared on the body of Ganeshi examinatson to the Maharani 'Ho; Dr. Govind Singh (PW-5) conduct^d and opined that cause of death '.;1 owng to haemorrhage and death ••4 .0. Police Station left fbr scene of ion ons terricof Sari and oetticoat of lintimation Ex.-P,''33 of the death of House Officer. Inques; Ex-P/34 Vis's |n. His body v/as sent for post-rnortem Ipitai, Jagdalpur under Ex.-P/35 v^iere post-mortem, gave his report Ex.-P;3 |as due to shock, excesslve bio.sd loss Ns homicidai in nature. Pushpa w/o San Mugan w '.wre examined by Dr. Vivek Josh P/8 in which he noticed that there ^s taken to the hospitgl. Her iiijuries (PW-S), he prepared injury repori: Ex •• (vas incised wound in the size of 2" x 1/S" P.T.O. (-3:2- XI-HC-78 ^l^lcTT gi*TT^i 3^T •<<1<<IM<<, »Tfly'16, [slMIUy ^.&;.-6:.^a..^.^ ^n; 200^0 311^,'t 4ach (t^di^aj^liT) sn^rwf?^ craT3IR?Tsbt||cb g^rrwtrfstfsn^T °t>i<iFci''fl-i iititiTtffecA'<Ri<'c;i< ^arf^iTsn^r at the left lov/er part of abdomei superior illac spine. He opined tl treatment in the hospital, she "herefore, merg intimation Ex.- investigating Officer prepared inc and offence was registered unde the body of Pushpa v/as conducti post-rnortem report Ex.-P/4 and abdomen and its compiicationsl examined by Dr. V.K. Joshi (PV^ wuund in §he size of 1" x 1/2 "' wound in the size of 2" x Va" at incised Vi/ound in the size of %" }ii prepared injury report Ex.-P.'5. Injured Raju was also ex| noticed 4 incised v/ounds and on\ Ex.-P/S. injured Laxmi was a!s<] that there was one inclsed wound ti. 1" above and 1" Inner to the left ou S fiat injury lwas danger to the 'lfe. During [succumbed to the injuries on 5-4-98. :]/19 vi'as sent to the police station. The tuest (Ex.-P/20) on the body of Pushpa tr F.1.R. Ex.-P/22, The post-mortem or. ^•d by Dr. Pradeep Pandey who prepared <|)pinec! that cause of death is injury to the Injured Pushpa w/o Gansshan 'A'as 1-G). Hs not'ced that there was incised ^n the right upper thigh, another incised |:he inner part of right thigh, yet anothe'' the base of right index finger. -e dn •i,C" K 1 "V 1 "X % ". Vi@s opined that tl- prepared injup/ report Ex.-P/7. San Mugan was recorded by thi 7). Weapons ofoffence i.e. knife ihe instance of the accused ioctor. !n the opinion of the these knife and gupti which wer :|amlned by Dr. Vivek Joshi (PW-6), he abrasion, and he prepared injury report j> examined by Dr. Joshi and he noticed I on the left lower abdomen In the slze o'' |e injury was dangerous to the life. He lying dsclaration (Ex.P/17) of Pushpa Wo Executive Magistrate S.K, Gautam (PW- and Gupti vsrere tsken into possession at p^rsons and they were examined by the -, it vras possible to cause injuriss wth te found on the bodies of deceassd snd dodtor P.T.O. -<; XI-HC-78 3^ •<<l<llciq, ®Tfly'IS,fs|dltill<, *11*1WI Sb^lch ^l; 200 3li^l 4a»(l^3^ST) sn^rqirf^iw c^TT3TT^T^i<t> ?T(iTWHf?(T3n^r »hi<<Ifl41-fiiHi-iTiftei^t<Rittii<. ^aif^Tsn^r injured persons. Site plan Ex.F^ Offieer. After completion of She inv^ the accused persons In the Cour( who in turn committed the case vAere tearned SDecial Judge recel 1/23 v/as prspared by the Investigating |stigation, charge sheet was filed againsi of Chief Judicial Magistrate, Jag'teipur, to the Sesslons Judge. Jacidaiour fron- ived the case on transfer for triai. The prosecution in order| accused persons examined 11 to establish the charge against th& issses. Statements of the accusec persons were recorded under S^ction 313 of the Cr.P.C. in v/h:ich they |st them in the prosesution evidence. stated that they ars innocent ajid have been falseiy impiicated in the Ws have heard learned coi|inse! for the parties. Learned counsel for thel homicidal death of decsased per:| San Mugan. Moreover, eye'Aitn| Muniyam and jnjured eyewitnes| Laxmi have cafegoricaSly sSated deceased c'ersons with knife an| ed E vi/as incissd v/cund on ihe left th|i iricised v/ound on the left buttocl incised Vi'ound on the left i!iac cr^st musde deep, yet another incisec| injun/ Nos. 4 and 5 it was found accused/appeltents has not disputec >ons name!y Ganeshan and Pushpa vr/c ssses namely, PW-1 Andhli & PW-4 B ses nameiy, PW-2 Pushpa and PV-S that the accusec! Dersons attacked the d gupti, PW-5 Dr. Govind Singh, w-ic idv of Ganeshan, has stated thai She!'e gh in the size of 1 "x 'A "x % ", another < in the size of 1%" i; W x %", snother 5" above knee in the slze of 2" x 1 " x wound on the left knee. On opening v° that muscies, ner'/es and femur'vesseis P.T.O. ~^il XI-HC-78 *<1+1^11 ai»TT^i 3^ "ill'MICl-y, ®Tfl<1'16,Rlctl+iy . .&...^... .'^.0.5:5: y ^; 200'& 311^1 4aqi (li,c<i^sl<^liT) sn^TqirfqqNi (raTsn^Taitiieh ^ciTWdfN'sn^r tii<ifci''fl-i iit«iTtfte;^<Ri+<;i< ^siRtq'sn^T were ruptured. Injui-y No. Injuries vsrere ante mortem in haemorrhage, excessive b!ee conducted postmortem on the avaiiabte, therefore, Dr. Govinc P/4 prepared by Dr. Pandey. evidence, it is estabiishe'; s ', land 5 were connected 'Aith each othe-. dature. Cause of death of Ganeshan was iping and shock. As Dr. Pandey, who |body of Pushpa w/o San Mugan was not Singh proved the postmortem ,'eport Ex.- Tlherefore. in v'owofthe ocular and medicai death of ths deceased persons 'were th*t As far as injuries sustai Raju are concerned, PW-6 Dr.| examined injuries of Pushpa w/|s ViDich 'were caused by sharp edt 28-3-98 he examined injuries| injuries were caused by sharp i^( he examined Laxmi on 28-3-981 Injury was dangerous to the lif^ Pushpa w/o San Mugan on 2( stomach, intestines were visibl !ife. His report is Ex.-P/8. ;(ed by Pushpa Wo Ganeshan, Laxmi and IVi'/ek Joshl has stated ihat on 2-4-98 he Ganeshan, there were 3 incised 'A/ounds i^ed '.weapon. He has further statsd that on of Raju, there were 4 incised wounds, i^dged Vi/eapon. He has further siated that there was incised i.wund on the stomash, He has further stated that he exam'ned 8-3-98. There was incised wound on the e Shrouah v/ounds wiiich v./as fatal to the As far as involvement question is concerned, learned |of ths accused/appeilant In the crime in counsei for the accused/appe!lant argued that In this case 'mportant 'witn|ess wth wf'ioin initiaiiy quarre! started Vttioi tiries i.e. Raju has not been examinec!. He of the 'Areapons is also doubtful:, as has turned hostile. Lasi' argume.nt of l|j.'appellan!; was that quarre! was among a!l P.T.O. is alleged to have sustained injj further argued that recover^ independent vAness PW-10 Si learned counse! for the accusei ZS' XI-HC-78 *<1*<MI Sh+llch 3ST ^|i|ld<l, ©Tfltf'is,(sliliuy .<^...^...r^.s5:/ Wt 2000 Sll^l 4ach ('yi^'5"^) an^rwR-fi'b gan'3TR?rstiMich 5^<iTW:Hf?cT3n^r eblilfl-l'fl-1 t||t|dTtffal<!1 <K\W{ ^aif^sn^r the famjly members and the aotused a heat of passion, therefore, offe^ce beyond Seetion 304 Part-1! ofthe| attacked in a sudden a'-iarrel. in f. ce against the accused does not LP.C. !\'9i hand, lea| supported thejudgment ofthe tri( ned counsei for the State/respondeni In order to appreclate arg|, the accused/appeliant, v/e have| judgment ofthe tria! Court. PW- Raju. On the fatefui day at ab4; their residence. The accused pei): law (Jeth), therefore, she alon^ persons not to quarre!, on vAI thereafter accused San Mugsn crest and buttock. Thereafter, Qj ^yhich the accused persons atta^ which Ganeshan sustained injui Darts. Thereafter Puspa came ^ attacked on v/hich accused pers|i She aiso sustained injuries'on (Jethani) Laxmi aiso came and the accused persons attacked S^ she became unconscious. Whe) accused San Mugan attacked] Thereafter, Pushpa and Gane; the evidence of injured wtness (i abo'.'e evldence and staied that |jments advanced by learned counsel "'or perused prosecutlon evidence as aisc Andhl! has stated that she is the wife of |ut 7 p.m. she and her husband were at sons were quarrelling 'ii/ith her brother-i'i- with her husband asked the accused |ch Ar Mugan attacked him with knlfe. bttackec! her husband with knifs on i'isc Qaneshan came and iried to inteivene, on tked Ganeshan wth knife, as a result o-" jies on iliac crest, siomach and privats md said that why her husband js be'ng ilons attacked 3ushpa wife of Ganeshan iiiac crest. Thereafter, her sister-in-ia'." jaid that vAy are they attacking on 'Aitiich |er aiso wlth knife. As a resuit of injuriss ^n she started going to police Station his vflfe wth knife on the stornash. succumbed to the iniuries. Simliar ;s [pW-2) Pushpa who has corroborated i'he o|n the fatefui day ai about 7.30 p m. there P.T.O. G?c XI-HC-78 t|l*1WISb^|ch 's^ ^ww^, ®Tf)yifl,Ridiyy< .<^.:i:^-p.^. WT 2000 311^1 tiach (4cli^s'^8T) aiT^TwR-ii'ti cpTTsn^raOTR; STdTWHfsa'sn^r WTFcn'frT iwraT ff fec<fl'tfsFRTC ^sil^q-an^r Ulf vas quarrel ouiside their house.l out, they saw that the accused thereafter. thev saw that a< attacked Ganeshan, vAh knife, on stomaeh, iiiac crest and pri'^ aceused San Mugan attacked helr attackeci Laxmi and Pushpa v/if husband suecumbed tc; the inji a!so corroborated ths above has aiso eorroborated the abwi wlinesses stands corroborated Smgh (PW-5) 'A+IO conducted prepared post mortem report E^. (PW-6) Vttio examined injuriss op Pushpa wife of San iVIugan. 29.3.1998 he was vwrking as Ex|s the Maharani Hospital where i^e wfe of San Muga.n whjch is exhifi •A'as busy in cooking mea! at her| Mugan started attacking tiis Inter/ened; therefore, the aecusf sh®was inten/ening, San Mugaji ;h. |When she along wth her husband came |?ersons v/ere quarreling vAI' one Subra. id attacked Ralu with knife and thereafter hs a result of vi'hich he sustsined inluries ('ate parts. When she went to irten'ene, with knife on iliac crest. ThereafEer, they ^e of San Mugan. Within hvo hows her 'ies. injured witness (PW-3) Laxmi has ^idence. Eyewtness (PW-4) B. iVlunlyam ^ evidence. The evidence of ail these eye |by the rnedical svidence of Dr. Govii'd f^ost mortem on the body of Ganeshan; 1. P-3 as also evidence of Dr. Vivek Joshl Pushpa *<wfe ofGaneshan, Raju, Laxmi, PW-7 S.K. Gautam has stated that on :ive Magistrate, on that day he wani ts recorded dying dsciaraSlon of Pi.'shpa ibited as P-17 in which she stated that she |residence, at that time quarrei stari:ed, Ar brother, on viAiich her husband aiso ifid persons attacked him Vi/ith knife. When [<i, her husband attacked her viiith knife on Perusal of Ex.P-17 dyjn^ deciaration shovus thai certi-lcate Vs'as given by Dr. Virendra Kumar ,JlT|a PW-8 'A'ho has stated that Pushpa v.ss i|ent. Pushpa herself deposed against he" nibi in a fit condition to give statem| P.T.O. s'[ XI-HC-78 3:5T "!11'>41fl'4, tSiTflu'IS, Rcliyy *11*1<<11 gi^TTqi ^T 200 Sll^l 4ach (l^ts'Ki.'I') sn^T^TR-ii'ti ?Wr 3TT^T ^RT^ ^BTSiT^fgcT-W^T 'hllFt-l'fl-l HWW\ ^' fS^S <R|«;K ^sTl^irsn^T husband thai he stabbed her as injuries after seven days. Therep declaration of Pushpa 'Mfe of San estabiished beyond reasonabie d4 the deceased persons as aiso ir| Ganeshan. Injuries on the body o|! were found to be dangerous 'Afltnessss defence has not be^ discrediS She evidence of ihesel persons and injured persons are gave dying deciaration against hei\ result of wh";h she succumbed to the fore, from the ocular evidence, dying Mugan as 'iweli as Medica' evidence, it is ibt that accused oersons attacked both jured Raju, Laxmi and Pushpa 'wfe of Laxmi and Pushpa wife of San Mug&n o life. In cross-examlnation of these n able to elicit any circumstance to vatnesses. Moreover, the accused closejy related. Evsn deces'sed Pushpa husband that he stabbed her. As far as non-examination necessaiy to examine sl to be seen and not the quantity evidence of above four eyewtnes no mannsr of doubt regarding cominission of crime, therefore, the Drosecution case. 3f Raju is concerned, settled law is thal: Ithe wtnesses. QualiSv of evidence hss Even without examination o1 Raju ihe jses is so cogent and clear that it ieaves i^yolvement of the accused'appei!ant I" iton-examination of Raju does not affect As far as recover/ of knif^ independent wtness has turned h| Sanjay Deystha!®has stated thatl memorandum Ex. P-29 MAIch bes has conceaied the knife in the recoverecS the knife wliich wa1 •^ and Gupti is concerned, >t is in.ie thai: bstile but the investiaating officer PW-11 on 30.3.1998 accused Ar Mugan gave |rs his signature. He disciosed that he |di of his house, In pursuance ofthet he wa^ taken into possession under E;':.P-30 He has further stated that oi|i the same day San Mugan gave knife and stated that accused has memorandum Ex. P-31 reaardin< P.T.O. Q^.8 XI-HC-78 'SSf -^WM^, WT^WW, Rfcll^y H11MI ShHI<=b ^ 200 341^1 y;l* (^q(^s)t,<T) SD^T^rl^TR; OTT3TI^Tsh>11t> STdTWHfscTsn^r +l<lt<-l41-i tii*i<nT^'te^t<(ai«;K ^•aiKiisn^r conceaied the same near the houl: he got recovered the knife wh| 'A^apons were examined by PW-^ these vreapons it was possible to| body of deceased persons and reason to disbeiieve the svidence As far as argument of le4 accused assauited in a sudden fi the evidence of ali the four eyew|' scrutinized eariier shov/s that in quarreiiing with Subra, thereafter,) knife. When the deceased persor) iVlugan came, they atSacked ihem| arm iess, they were persuadlng quarrel, but the accused persons and separate them from the present accused'appeliant to the injuries sustained by her, used dangerous weapons and atf and other persons, therefore, int| iarge to cause death and attemDt In the circumstances, \ve a.1 Court has not committed sny commission of offence under Secl murder of ea.ch of the deceasedl ;e ofAr Mugan and in pursuance ofthar ch was seized under Ex.P-32. These Dr. Vivek Joshi vrfio has stated that by cause injuries v^iich were found on the injured persons, therefore, there is no ofthe investigating officer. -ned counse! for the appeliant that the ight, in a heat of passion Is concerned, Itnesses which has been mentioned and first Instance, accused persons v'sre |v/hen Raju came they attacked him v'lith |s namely, Ganeshan S Pushpa w/o San also and other injured psrsons, all v/ere |the accused persons not to Incu'ge In tittacked everyone who tried to inte'vene qu^rrei, with knife merciiessiy. •Vian tfe v..fl |d his own vwfe' Pushpa <ivho succumbeci ich were caused by the accused. They lacked on the vital part of the decease.d ^ntion of the accused psrsons was wi-i; [0 cause death ofthe injured persons. 1-e ofthe considered ODihion that She triaE llty in convicting the accu?ec-! fo'- ion 302 ofthe I.P.C. for comrnitting the perso'ns nameiy, Ganeshan & Pushpa P.T.O. ''^'c.i XI-HC-78 ^sf ^ii^id-i), ®Tflti'i6,Riwiyy *11*1WI Sh*1|cb ^; 200 3<i^i '4aw ('i'ata'5!'^) sn^TqTrf^iN; traTSIIWsbll'* ?T(TT8ire Hf?cr an^r ctil<lfc1tfl-i t(|t]fi1 fffScit'A+iK ^sri^Tsn^T w/o San Mugan and attempting |to commit the murdsr of Raju, Laxmi & Pushpa w/o Ganeshan. In the result, the appeai| dismissed and it is hereby dismis^ Sd/- L.C.BHADOO Judge Baive being devoid of merii is iiabie to be •:• ,-' x P.T.O. \\.