i‘ ‘XFHC-zz , 3%:WW ‘ ’W m m with Me f s.',000/- u/s 01 o e C n one yea RJ. u/s 203 f e IPC. All the sustantive sentences 5 9 R1 2 f w IP ad r’s o th were directed to run concurrently e 2. Case of the prosecution i g Brahmaram Jagde gave mer‘g i 10.00 a.m. in the police station M wnlage lragaon, Jamila Bai‘was are two children out of the wedi (since deceased), children and hi before theretoQa‘t about 6.00 p.m,‘ dinner all of them went to sle whereas his wife Janiila Bai wa children. He woke up at about saw that his wifewas hanging wit taking out water from the well; wooden beam of the roof wherea of Jamila Bai. He apprised his mo his mother after loosening the ro that time Jamila Bai was already and the villagers about the inci Station House omcer left for the . memorandum P-1 regarding hist said memorandum one lun'gi and the instance of the accused. Site p prepared. Nylon rope and blood: possession under P11. After , in brief, is that accused/appellant timation (P43) on 12.06.98at about anpur to the effect that he is resident of arried to him 4-5 years back and there - ck,‘he along with his wife Jaimla Bai mother are residing in his house, a day e returned to his house and alter takings he was sleeping outside the house sleeping inside the house along with 6.00 a.m., went insidethe house and the help of nylon rope which is used for One end of the ropewas tied to the the other end‘was tied round the neck er about the incident and he aiong with e started massaging Jamila Bai but by eacl. Thereafter. he informed Choukidar ent. On receiving this information the cene of occurrence. The accused gave lloodstained cloth. ln pursuance of the > a T-shirt were recovered under Pas at lan of the place of occurrence P—10 was ;tained and plain soil were taken into giving notice P-6 to the Panchas, [113% éf‘aa i b e , Xl-HC-22 311w m 9 mam? W 2m} mm€wmm mmw $exmm ‘ Pan‘chanama of the body of .amHa BaL P'-7 was prepared and the Panchas opined that Jamila Bai died ¢n‘account of beating and asphyxia k. Thereafter, dead body was sent for ‘ postmortem examination to Com unity‘ Health Centre, Maanpur where Dr. a R.K.Katariya (P.W.3) condticted postmortem on the body of Jamila Bai and submitted his report P-2. T e doctor by EXP-3 opined that cause of j, ‘t ‘death is asphyxia due to stran uiation and thedeath was homicidal in nature. - investigating ofhcer als made a report P-4~A making an enquiry gs to whether nyion rope in q estion can be used for the purpose of strangulation. Doctor gave his pinion P-4 that the seized rope can be used for strangulation. On the basis of the above report Shri Sanjay. Dubey, SHO police station Maan ur registered a case under sections 302 and 201 of the IPC on 13.063 . The blood‘stained articleswere sent to Forensic Science Laboratory, Ra pur for chemical examination under P—15 and the report received from F. .L.,.Raipur is P-16. After completion of the investigation charge shee was‘tiled against the accuse’d for commission of the offences unde Sections 302, 201 and 203 of the IPC in ‘ the Court of Judicial Magistrate irst Class, Ambagarh Chouki who in turn committed the case to the Se sions Judge, Rajnandgaon from where learned ll Additional Sessions Ju ge received the case on transfer for trial; 3. Learned Additional Sessi ns Judge after‘hearing 'the Additional Public Prosecutor and counself r the accused/appellant and after perusal of the record, was of the opinion that prima facie offences under sections 302, 201 and 203 of the IPC wer madeout against the accused and thus due to tying of’rope round her c \ XI—HC-ZZ ' he framed the charges agaihst the accused under the aforesaid sectiohs and the accused abjured his gu It. 4. Prosecution 'in order to establish charges. against the accused/appellant has examin as many as 11'witnesses.' Statement of the accused was also recorded under Section 313 of the Cr.P.C. in which i 9 a“ . he admitted that he took Rs. Ol- from his father-in-Iaw for the purchase of ox. He has also admitted that on the previous day his mother-in-law had come to his house. He had informed about the incident to hisfather-~ in-law Nan‘duram. in reply to q Jestion No. 19 he stated that there‘was no injury on the body of JamilaEai. Out of emotion he brought down the ‘ dead body of Jamila Bai when she was hanging; He informed Bhagwani (P.W.6) that Jamila Bai has committed suicide’by hanging and stated that he is innocent and has been fa a A. iy implicated in the crime and Jamila Bai died on account of committing uicide by hanging herself. 5. Learned Additional Ses Ions Judge after hearing counsel for the parties has convucted and s ntenced the appellant as mentioned in I paragraph one of this Judgment e accused/appellant argued that the prosecution has failed to esta lish that there was any dispute regarding the return of money of Rs to the father of the deceased therefore the accused assaulted her. Th prosecution has not been ableto connect the accused with the crime in q estion on the basis of other circumstantial evidence adduced by it. Sh further argued that even the doctor has 6. Learned counset for . [Wis é‘Faé. l e h - XI-HC—22 Wm ow (b 9: /33 1 W mewafgam $Wm stated that there was a Iigature the rope 1n quest‘on could be deceased was found hangmg w: h the help of a rope. the pount raised by ; the accused cannot be disbehev d as he was sleepmg outsude the house 7. 0n the other hand lear ed counsel for the State supported the Ampugned Judgment of the trual C urt. vita Tiwari, learned counsel for the Z 8. We have heard Smt 3 accusedfappenant and Shh U S Deo wuth Shrl M PS Bhatla learned I counse! for the State. ‘ cucumsianhal ewdence and In o der to conwct the accused on the basls of circumstantial evtdence as pe the settled law the prosecution has to satisfy the following tests; the Circumstances from which an inference of guilt issought to be drawn, must e cogently and firmly established s should be of a definite tendency unerringly pointin towards guilt of the accused, the circumstance , taken cumulatively should form a chain usLcomplete’ thatt ere is no escape from the conclusion that (1) those circumstan (2) (3) [ate W hark around the neck of Jamiia Bai and for strangulation therefore when the 9. The question which arise for determination by this ”Court is as to whether Jamrla Bar died on a ount of commrttmg surclde by hanging herself or the death of Jamrla B lwas homicidal In nature and she died on account of strangulation by the accused? ln this case there rs no direct- d u a e XI-HC—22 I wit hman prbbaili the rime was ommitte by the accuéed an non e an 4) the ircustatial e nce n rder, to sstain cnviction must cmte. a ncaa expianat of an ther hypesis han that f the ilt of the acused and such evidence should no y e coisten ith the uilt f he aced ut hul inconsisent with his inncenc. 5 i th light f the bv a w t crutinize evtd ; ail d T pc Ion hs rie o elish h gain pet h wm s i) ha the es fo d bod sgeve g or h was oal na , ii) ht oodsted cl of the accused were recovered at te stance of the plant and, blood s found on the lung of th cuse pr the rep of th .S.. iur. iii Tha th accuse presen in the hous‘n te fateful n a the s pbity of ming any thir eon\ in is hous and c t h rime. iv) at the ased e a false ror i he poc station aanpur regarg m o e Ja Bai w as contr the fcts f he case and dg so the uct of e usd at t vlvement of acud nte ciei et 10. n e o aoe l e have o s the ence avable on recor he rose a td t stab the carges ast the accusedfapllan on t follog ground, Tt injuri on the y of Jamila Bai were ugsti of beatin and the doct as opined that death hmicid In tu e Ta blain o es h in pei wa i e acd' e ort e FL, Rap ) t e d w s t eo h ight nd er wa n ossili co d prs h e om i te c Th ccu m d ept n t lie M din omissmn f suicid by mila hich w rayt a o t in oin cond th cce indice he ino cse ih rm qusion. ' [stew , h all u Pty § cd d e ! ; d, ( cmn v da i o u e be ople n ipbie of ion y o oth t o gu c t nl b nst w g o t cus b sod b t oe XI—HC-22 J LH Tam MAW Were advanced by the. father of the 'used for purchasing ox. us 11. A_s far as first circumstanc is concerned; Dr. R.K. Katariya (P.W.3) ’has stated in his evidence that on 12.06.98 he was posted as Medical aOfticer at. Community Health tation- Maanpur and on that day he 7‘ conducted‘the postmortem on t e body of the deceased Jamiia Bai. He found that there Was swelling o the right cheek theupper teeth of right side was missing and there was fresh socket on which clotted blood was present premolar teeth of lowe jaw was also missmg and there was a V fresh socket and swelling on the face and followmg Injunes were found on the body of the deceased * injury over e mandible region in the size of 1" x 1", in oval shape i black colour which was on the‘left side of mandible n dissection clotted blood was found. Abrasion b ow the mandible W x That Rs. 5,000/- deceased to the ac V) a) b) “/2“ v irregular in shape. ' x.1'. $52 %.L \XC—zz There was lack mark below the chin, round the neck b postmortem examination and postmortem report and-the opinion of the doctor are P-2 and P-3 resp ctlvely‘ 'in the Cross-examination of the doctor P W 3 the defence has not been able to elicit any circumstance ‘ which make the statement of th s Witness unretrable therefore the Injuries o the body of the deceased Jamlla Bar and the doctor has opined that the eath was homtctdal m nature The rope In question could be used for str ngulatlon Thus the above circumstance establlshes the fact that so m y Injuries were found on the body of the deceased even one upper an one lower teeth were found missing and there was fresh socket whrch s ows that teeth were recently broken and clotted blood was also prese t Therefore the story put forth by the ‘ accused that Jamlta Bar died o account of hanging stands belied by the Injunes found on the body of th deceased which has not been explained by the accused and the docto in paragraph 8 of hls cross-examinatron has stated that It was not pos Ible to receive all the Injuries m a stngle mentioned above were found {flew and behind the neck which was;overlapping but both marks not On dissection r were joint On clotted blo'od'was , found ben th the teeth i) ‘ ,Tracheé a cerVIcai vertebta were not fracture j) Injunes we e ante mortem in nature and caused by ’ a hard and b nt obtect k) The marks hrch were found round the neck could be . caused by ope 12. Clothes of the decea ed were gwen to the constable after ‘ XLHC-zz assault. He has further stated a there was swening on‘the face of the 'Idece'as’ed Jamila Bai ‘and all the injuries wereante mortem in nature and' caused by hard ”and blunt' obje The defence has not cross-examined ‘ thrs wrtness as to how It was po rble to receive these lnjunes and how It was possubte for the deceased t hang herself wrth the wooden beam of the roof of the house therefore I vnew of the above meducal evtdence we ' . uare of the consrdered opinion the the defence raised by the accused that deceased committed suicide by hanging does not appear to be correct looking to the ab0ve mentioned cts and reasonmg 13. As far dye second circum tance is concerned. the accused himseif gave memorandum of P-1 and in pursuance thereof the clothes of the accused proved by were PW 6 recovered Bhagwam at Ram hlsustance under P-9 and that has been o has stated that he was called by the police after gwmg nottce P-6 nd Panchanama of the body P-7 was prepared in his presence which ears his signatureand the accused‘gave ' information to the police that lu gi stained with blood wasrconce'aled by him in his house’and' he would et the same recovered. Thereafter, the accused brought the bloodsta ned lungi and same was taken into possession ‘under P-Q and the m morandum'of the accused P-1 bears his signature. V ln paragraph 8 of s cross-examination he has stated‘that accused gave the information in his presence that he had concealed the» clothes in a box in his house an ball the documents were prepared in his presence: Investigating ofticer .‘W. 11 ISLKDubey has also stated that . ‘ accused gave memorandum /P1 that at the time of incident he was - wearing lungi and the same ha been concealed by him in a box in his {WW f \ XI—HC-22 ! mmmw‘a house and he would get it, recovered and " 1 > - I was ‘ recovered under P-9. In view of this, evidence recovery of bloodstained lungi at the instance of the ace sed from his house as per the report of . F.S.L. P4 6,‘is established. . 14. As far as the third circ mstance is concerned, it has not been i a s denied by the accused himselft at he was not present on the fateful night in his house. The oniy defence bf the accused was that he was steeping outside the house and his wife assieeping inside. Even if this defence of the accused is taken to be tru , the same does hot absolve the accused from his involVenient in the cri e in question because itwas possible to / commit the crime by going insid the house and thereafter come back and sleep on the cotoutside the h'o se. There is no cross-examination of the prosecution witnesses or’the i vestigating officer on the point that there was any possibility of coming any third person and commit the crime. Moreover, had any third person come inside the house and committed the crime, Jamila Bai received so many injuries even her teeth We're found broken, and thus in the norma course she should have raised screams which would have made the accused and his mother aware of the incident, therefore, this circum ance that the accused was present in the house and injuries were recei ed by the deceased as per the medical . report and there was no possib lity of coming any third personin the house and commit the crime estabiis es the involvement of the accused inthe crime in question. A ; XI-HC-22 As 'r» as urth circusta . vety cleveri md a e rert mentioned tat hi ife ied e is concern, e accused/appant 1 in te police station in which e unt f committing suii by hangin g o ha eady 1 he ame as bee fou false as so n injuries ound the by of amiia Bai' ich have be ed y r. Ktariya, therre, the vience r ommission of crime with an intention t sereen helf fro lga punisment and no h e tennally ave forma police in rpec of cossion o the c wh was knog fuily eil that wa faise a the rg of false le eak abut he t f the acced tha after comg th ime h m alse report hich is admissile as er provisions of Secn of te Eence ct a d thfore he htly been held guilty under Section 201 and 203% the IPC 16. As far as the ffth crrcumst nce Is concerned even though It has been admitted by the accused th t he received Rs 500/- for purchasrng the ox from his father-in-law na ely Nanduram but there is no legal eVidence on record that on acco t of recervrng Rs 500/- there was any dispute between the Wife and hus nd or any quarrel took place between the two as a result of which the a used assaulted the deceased : ed th ell P-3 h h co o cde g with the hel of rpe, as s alr been discuased in point Not , t s h n nd ‘ ay were f on od J wh en p 'v b D a efo ed fo c o ims m el h kwing tat h intio g intion to t est mmi f rime hic he wrn w It s nd aisin pa sps o t cond c o us t mittin e cr e ade af'f w b p tio 8 h vud A ere has rig a d to ap f ccused trie dispearance o 1 7. Thus we are of the nsidered opinion that the chain of Voircumstances discussed above complete and unerringly establishes the involvement of the accused in e commrssron of the crime in question and there is no possrbility of co ing any third person In his house and i i {haw fa fo mm 15 y ae fa!s po h s W d bn ac XI-HC—22 \ commit the crime in question, therefnre, the prosecution has been abie to establish the crime against the accused on the basis ofcircumsmntiai i evidence as per the law laid dq‘wn by the Hon'ble Apex ‘C'ourt for convicting the accused/appellant foii commission of the offencesbase’ci on i the circumstantial evidence. i 'iu ‘ 1.8. .Thus in view of above, th re is no illegality or infirmity in the I i impugned judgment of the triaiCou . The appeal being devoid of merits is ’ liable to be dismissed and it is here y dismissed. J.r...lé: A SdT z—Iil X =r/ Sd/- mstmAf L.C.BHA‘DOO i DHIREND i i i i Judge Judge {113% ates