(^: . II Woo'oS•OS33-87' giiSFI :- flEg-j5S}iTeq w g§as? •"3s^^- CTfrs^ aifta ^if^- "''^ •-':'- * • vaoaB Oivisio"! "a~^ \ sa »> 'i5^.^.'^ .^j-jo-l n ! / jTO i v aqra ^s gfgar i973 $ ic •S3- Sk__:E_ ,l?"LL' —jj j f-i,'LiEraTas Iti'illpT XI-HC-22 3a'<ii«K'ia,-mti*i'»,. . 1 Sti^i '•tw^i:K^^.: lc-v^- 3>(°.^/'2-CT30 <.IWrtlit>W*""t"""""""*t^:~200 " Rl<>«&""""""" Sn^T^iT R-fi+sn^T snHltiflfw sn^r s«iiwsfer a>«I1=h »i<ifn<l1-iiiiHciTffte':A'<Ri«i< ^?3i^H3ii^r i L.C. i V.K. Shrivastava. JJ Shri Praveen &as, counself4i 5hri U.N.S. t)eo, Addl. Publij Ora! judqment dictated on Qjais. the oppellant. Prosecutor for the State. This appeal is directed aga order of sentence dated 07-12-1 Sessions Judge, Bastar at Jagdc^ whereby learned 3 Additional accused/appellant guilty for Section 302 of the Indian Pena! undergo imprisonment for life ai defauit of payment of fine to fur- Tor one year. nst the judgment of conviction and ^999 passed by the 3rd Additioml Ipur, in Sessions Triai No.187/1999 [Sessions Judge after holding the comjnission of murder of'Sakru, under i^ode.convicted and sentenced hlm to (id to pay a fine of Rs.5,000/-, in \hef undergo ftigorous Imprisonmsnt The ca.se. of the prosecutioi|i about 12.00 "oon ".'hen dececsed Batee @ ©udao attacked the dek i,in brief, wos that on 13-2-1999 o.1- Sakru wcis at his resiclence accused ceased with knife o" his neck an; .^;<^y^) 11 XI-HC-22 i;iBi<-yi<tileyii^«i[Q*i'i^,..lfitfltiu^!, "llWfT'snwiw ^rq^^^-.-—; ic^-.'^. ^r'/U^ ^,—.^.^.....^^.^^.y^. •;•,;<.-*,*^..f.f^f.. (^(>«d StI^T^iT f?:lNi3II^T stiiwgfer 9W9 ttii<<tci<fl-f vmsf fffsfS <Ri*<i< ^isri^ran^T after cutting the neck, he took Sakru died spontaneously. The <^i daughter-in-law of the deceased i| (PW-1), son of the deceased, rej Maradpal, upon which the Station the First Informatioh Report (Ej merg intimation (Ex-P/2). dut the trachea, as a result of which ct of the accused was witnessed by lamsly Rasna Bai (PW-7). Baghchand iorted the matter to'Poiice Station House Officer, Maradpal registered <-P/1). Baghchand (PW-1) a!so gave The Investigating Officer took into possession ^of the bloo^ Fl/4 pbce of occurrence under Ex-f Panchas, prepared the inques* rej body of Sckm Was' sent for Heaith Gentre, Kondagaon vide ^x- conducted the postmorterri, prepojr that the cause of death was arr^st of cutting of trached with a shar^> the accused qave memorandum (^; had concealed the knife and in puj knife vide Ex-P/8. prepared the sits plan (Ex-P/3). He stained soil and plain soi! frorn the ^4 dnd after givin9 notices to the sopt (Ex-P/o) of body of Sakru. The {(ostmortem . examination to Primary ^x-P/6,wh&re &r. ft.K. Singh (PW-6) 'ed the report (Ex-P/7A) cnd opined ot respiratory system on account object. Ouring the Po!ice custody, x-P/9) 'regarding The place where he [suance of that he got recovered the (®y^) XI-HC-22 aa'si.iaifia. ys^s imni SB*ll»»r %R{?I ^VWWKTtWW'' CTS:h- 'S6?~;/2etP ^.A..*.^AA»t.*^.t.*^.*^.*.*-4.*.. .,^^,,u,.u,,,.»..^,. 2^ R<1«A 3II^T?iT R-ii'bsn^r shiiqiflfer qiNtfl'fl'f 111<l) ^te<^t<Rl<^K ^3ri^T3II^?T After completion of the in^ the Court of Judicial;Magistrate eommitt'ed the case to the Se.ss learned 3 Additional Sessioris for triol. • (estigation, charge sheet was filed in First Class, Kondagaon, who in turn ions Judge, Jagdalpur, from where Jludge received the case on transfer The prosecution in order accused examined nine witnesse4 the accused was recorded under Procedure in which he admitte^f witnesses was correct, he statei] falsely implicated in the crime. H^ the time of commissiotT of the crinte ro establish the charge against the On the other hand, statement of iSectidri 313 of the Code of Criminai thaT the eyidence given by the that he is in.nocent ,and has been also s+ated fnat he be.co.me mad at tritil On conclusion ,of the Judge, convicted ond sentenced para 1 of this judgment. We have heard learned cou>i Shri Das, learned counsel disputed the homicidal death of evidence of Rasna Bai (PW-7), difcu I, learned 3 Additibnal Sessions accused/appeliant as.j mentioned i" sel for. the parties. for the accused/appellant, has not Sakru. Apart from that, from the ighter-in-law of the deceased, who fSS'S^t) 'Q^ XI-HC-22 i-,. -'.'; ii^'. 3^''<)jsiafl^affl*riB,/laattiy. 'TiwHi iasww ^TMan»"l,-t''^;'"•::- . ; Cs.^. 'S^;2wo. ^.,..,.......t.,..»..^,^,g^ .^Q^ 1^% Sn^T.^iT R-ii+an^r stil (ri|tT sn^r gsirar Hf^cr -\- Stlliqi »I<|T«<(1-)111^'ff)W'<l'i|ttfl< ^isri^iTan^T witnessed the crime and also thel who has stated that he conducti Sakru, found that the trgcheg neck. Cause of death was arrest cutting of trochea with a sharp was homicidal in nature. Postmorl is estabtished that the death of Sd As far as involvement of t| question is concerned, Rasnd B^ fateful day her father-in-law (Sa| was also present in the house. deceased on his neck with a kni" cutting 1+ie neck of her fathep-in the scream, hearing her screa! Komsingh came on the scene. The e'/idence of &r. R.K. Singh (P¥/-6), id the postmortem on the body of )4as..cut, there were injuries on the gf. respiratory system on account of o|3Ject,injury on the neck and death (em report is Ex-P/7A: Therefore, it kkru was homicjdal in nature. \\e accused/appellant in the crime in |i (PW-7) has stated that on the ^tru) was iying jn the house and she 'he. oGCUsed came oind attacked the Fe. She saw that the accused was -law with knife, on which she raised :[n, her .cmother father-in-law and ;^ also saw the occused attacking the Komsingh Thakur (PVV-8) Rasna Bai (PW-7) and stated tha the house of the deceased and sa' carrying trachea of the deceased ^ has corroborated the evidence of (•'pn.hearing the scregm he(eSn8T-o (v that the accused was running away in one hand and.knife on the other (If^^f^) 2-6 ~) XI-HC-22 3sr •<iS<iiff)''<,ji93l)tili®^Siau<^, ^^^.H c-5.(\. 3>^./ t|tl.lrtl*l+Wi'""""""""""T^ 200 t«l<>«^ an^r^r 1?=ITO3TI^T aitiqiHft?' »tl<t) sn^i'gRfiWflSci' T .qil<<fCT41-f t(11ClTff)W^<l«l+dl< ^srf^TSd^r dnld hand. He has further stated thatl to chase the accused as he was (PW-2), Harishchandra (PW-3) corroborated the above evidence. | in police custody gave memorandu the police got recovered the sam^.. under Section 313 of the Cr.P.C.,1 Bai (PW-7) has correctiy stated There is nothing in the cross-e^am sug9est that the accused has been Kaushalyo and Neeichcmd have tried c|irryirig knife in his hand. Neelchand Smt. Kaushalya (PW-4) have also Apart from that, the accused while ^n about the weapon of,offence and Eyen in the statement recorded the accused has stated that Rasna [th'at he cut the neck of deceased. iihation that these witnesses to falsely implicated in the crime. Learned counsel: for the ait the judgment of Supreme Court VS. STATE OF M.P. {2004 SC^ material placed on the record th<{ establish the motive and accusec) rhyme or reason. This act can on!y hcs stated in the last.line of his| 313 of the Cr.P.C. that at the t| mad, therefore, it moy be orde^ ;cused/appe!lant placing reiiance on in the matter of QUK6A DOMAR P (Cri;) 462} ar9ued that frorn the k Drosecution has not been able to has committed the crime for any be of q, mad person and the accusec statement recorded under Section Ime of commission of crime he was |'ed that the aecused :be medically '^'(tfs,^) r XI-HC-22 ^!'<u<iia<iy!BCtffiiti)fi,..Ri(ai*i^... ^sn^rqg^^^.^^^,-'^ , Qr<:;f\. n>&sT|2a *<Wri+**IIW"*'"""""*"""WT 200 R^ sn^rqiT R-ii+sn^r St)1 (rfi(T ShWfi tiwln'fl-i ii*iciTfftecA'<l'ii«i< ^i Slf^IT 3f1^r examined in order to ascertain o4 the insanity at the time of commis^ oh It is true that the motive of accused for commissit the prosecution has not been abie^ heid that the accused was syfft commission of the crime. Excepl^ became mad, there is nothing on r|i suffering from insanit/, therefor time the accused was sufferinq fr^ As far as the Judgment of: DUR&A DOMAR (supra), relied| accused/ appellant is concerned, and in that case tiie accused coml ail of them we.re. children and thal he was therefore punished with. mal'ter ccme up before the Supr there was no motive for the appello.nt was not considers schizophrenic pargnoia or any oth to whether he was suffering from iion of the crime. has not come forward with any of the crime, but simply because to es+ablish the motive it cannot be iring •from insanity at the time of that, the accused stdted that he ecord to show that the occused was :, 'it cann'ot be inferred that at any •m insanity.. |the Supreme Court in the matte" of upon 'by learned 'counsel for the hhe same js distinguishable'on facts [fliti-ed the murder of 5 persons cnd was in a yery rerocious manner ana e^tre.me-penolty of death. When the- '.me Court. *he Court observed that and The mentai condition of the whether he was af'clicted by sr mental iilness, the Court orderec inassticre :^ifii^) XI-HC-22 Wsssvn^^^ws^'if^Ky'' ~ . ^•ni;'-<iKy)aa,^SBtuiiiiB;.i!ani!Ugt<—.-„. •<i*ifn-a»*i(«w ^..f^^^.,.^Sir,..^^..^ " fa^.A'" Wi;—-200 Sff^I^iT •R-fi.'ttSfI^T Stl1 flft(T Stl11<h •sn^igRIIW'B^ ^l . -1-^ ^ ^ ' 2.i^^" ' ;- — -/^ — ' f-own i 'l J ^ ^ U.!l|. for medico;! examination in orderl of the accused, but in this ca^s murder of Sakru and there is nQlhin accysed, at the,time of commissi[ insanity; Therefore, medical excjmi ascertain his mental condition aft ccinnot be ordered. For the foregoing reason^ there is a legal clinchingevidence commissipn of the crime, we d.o the finding of.the trial CouRt. ih- the result, ^the dpped dismissed. , ! .; Sd/- L.C.BHADOO Judge :tii<ifci<(l-)tiii<i1 ffte^t <Rit<i< ^; sri^il'anSFtT only to ascertain the the accused has hing oh recprd, which m of the crime, was lination of the accused the time 6f commissi devo ,'.the appeal being. o.f the involvement of 6t ;find any. ground to i rtot menfal disposition committed shows that 1+ie suffering frotn in order to ion of crime iid of merit, 1tie accused in interfere w|th fails and 1+ie same <s accordingly sd/- V.K.Shrivastava Judge .n.T-o e'ie 12^ .Sff'