'-HC—7S an^il 'vf^ WT 3H^T sri*ii<»> WqWI (b*11<t> 3^-<1l<fl<'1<1, ®Tlly<IS,fs|(yliylj,< C^.^.^ol. [Z^ok ^^oZ "^200 SD^T'q^qT ('^3^1) TOIIW ^ftd CT^I 0-faaiaal Appe*! No. 122/2006 AppeBant Versus Resoondent 'Griminal Appetl No. S03/2006 AnpeUant Versus Respondent DB : Hon?ble Slu-i L.C. Bhadd 8-4-2008 Shri Parag Kotechs| Cr.A.No. 122/2006. Shri Anil K. Pandl Cr.A.No.503/2006. Shri AkbilMishra, Dy. Oral iudgineut dictated L.C. Bhadoo, J <!bltlft't<ft;1 *ll+l(vl*l^f Fs^it <Fii<^i< ^aiRraan^i Madkaiai Gagri, W/o Madkanu SiLkka, aged 33 years, R/o Maroki, Patelpara, P.S. Uadiras, District South Bastar, Daatewada fCGI. State of Cbhattisearh, Throueh P.S. Qadiras, District South Bastar, Dantewada(CG). Madavi Budhra. S/o Madhavi Hidiua. age 21 years, R/o Maroki, Patelpara, P.S. Gadiras, South Baster, Dautewada (CG). 3tate of Chliattisgarh, Throueh P.S. Gadiras, Distt. Dentewaia, Chhattisgarh. (Q-iminalAppeals aa4er Section 374(2( ofthe Cr.P.C.l o 85 Hon'ble Shri T.P. Sharma, JJ couusel for the appeUant in ^y, coimsel for the appeBaat ia Oovt. Advocate for the State. bn dcris. —78 3:5^' '•Ml-illc'i-4, a-JlwKo, Rfcii'yy 311^1 ^Ef ftt-li* wiTan^iWiN? W^ 200 an^yr W!K (iy(^«t<) '^CTRR ^ifet an^T -2-- Criminal Appeal No. l^: Gagri through Superiatend^i Criiniaal Appeal No. 503/30()6 are arising out of the sainc ju^gmei beiag taken up together for he^ring (2/2006 ffled by appeUant Madkami l^nt, Central Jafl, Jagdalpur aad filed by appelkmt Maadvi Budhia ju^gment aad crime, therefore they are 2. These appeals have bceja suspensioh ofgentence and gijant 3. Leamed counsel for accused persons are in dete4ition smatl inatter therefore, the ap|»< ^he appellants submitted that tbe smce 29.3.2004 and this M a jieals are heard SsaQy, 4. Shri Akhfl Mishra, objection. 5, Therefore, by fhe conse^t the appeals are heard finaUy a^id 6. Tlus appeal is directed aud order of sentenee datedl Learaed Sessions Judge, Soi(th 113/2004 wheretoy fhe leam^d accused/appellaats guilly foi --:/' <*l-ttld41*1 "RPraf Tf.^t3^ <p>q-fr^R ^ <»iRffl<M[^<t Usted today for adimss»naad for ofbail. D|y. Oovenunent Advocate tos no ofthe counsel for thc parties, bofh disposed of against-the judgmeat of coaviction 28til Januaiy 2006 pasaed by fhe Bastar, (Dantcwada) in S.T. No. Sessioas Judge after holding fhe conamissioa of the offence uader -I- -' ie—78 'S^ •^WWif, wS[W\'a, IsKrtltfy •qra?ir ^w% W^ 200 aii^T^cRan; 'tWT ^TT^f sh*i^ y 1?L., an^yr'o'ra; (4ci('i'ii<^y) ?CTRR ^lf?CT SD^T -?>- ^ection 302/34 ot ffie^ iniprisoiuncnt for Ufe. * Btdbia thereaft^-jlocked 7. Casc of the prosecutio^i, 27/3/2004, Madkami Paiu^u yesterday, in the ru^ht at ab^ut the deceased and Mahami had conuaitted ,.the laurderl attacking Tiim aud parente home. On cosuhg| unnwdiately left to the house| locked fix>m outside. Hc infoitmed Sarpaach-Madkami Bhima &| was convened ia which Raja, Maadvi Buddhu, Ma4kani Huaga aad soinc other house- of fhc deceased, Madkami SulAa was-lying ^ there on the brain, nose aad out of the iajuries. Whea th.4 aecused persons fhey dlsclo^ed coofeed Ghickea aad constufacd Sukka was quarreUiag with 6f Gagri fherefore, she atta|;ked rammer as a result of whichl ch)<4l<1<<ll^l*mf^(«(«^<ffll<$l<: ^afRpT^n^f PC, sentenced th.em Sundeigo >^i, ia bnef, js that, in the inomiTig of iaformed MadLfcami Buddhu fhat 8.00 p.ia.Madkainl Gagri, wtfe of brother-ia-law of the deceased, of hffi brofher Madkanu Sukku by fhe door, left thc plaee to their to know this, MadlEaiai Buddhu lof Siikka aadsaw-tbat the house was about the incidcnt to thc Vffitage Kotwar Gaadami Bojja. A panchayat Bfaima, Patel Suina, Mad3£ami 4kanu paadu, Maadvi Joga, Maadvi t^ers, after ppening the door of the inside and saw that the body of ^n the grouad aud tfae iajurics were [teiuporal region aad blood was oozing village Paachayat eaquinsd fioin the that last lught of 27.3.2004, they fhrec-feur botfles of Uquor-and ?|tadkami Gagri aad reiaoved the saree the deceased with fhe woodcn he feU down. She threw the ranuner infoitmed Sarbanch ^adkami vill^i wcrtt •yss! •^nivw, ^w\<e, Rrtiuy Trmsw ft»*ii* •V^ 200 3n^T9fff<'<i* 'd^JT 3^1 ^?* 3ii^?r ira% (i«ri«^i) 'blffdll-l lllfll if.ft^ <fa«;l< "^i' 'sffRn <*iT^f of theirIniofher, BAddhu PbUce on the ground which was attacked Sukka on His nosel which, he succuinbed to th^ fhey teft to the house was lodged by Makami Receivin^ the report, SHO, First Itifonnation Report occurrence. After givtng Ex.P-2 was prepared oa staiaed towel of the deceasal Ex.P-7 was prepared by prepared by the SHO. A seized tinder Ex.P-11. Body examination to-fhe Priinary H where Dr. R.K.KzuuwansIu that fhe death is grevious injuries on the head tdken QSi. liotlce ^ tde wcxtden Hypovolefnic 8. After cpiapletion of fhe ia the Gourt ofJudicial Magis^rafe committed the case to the prosecution in order to estabpish persons, exaaiincd uiae persons was recorded undcr they denied the materialappe4rmg •l by hcr brofher Budhra aad he and teinporal region as a result of iajuries and aftcr lockiag fhe door |niofher. The First Information Report ia PoUce Station Gadiraas. Station Gadiraas rcgistered the IX.P-I. He left for tfae scenc of Bx.P-3 to the panchas, iaqucst body of Madkaxai Suktea. Btood was seizcd uader Ex.P-5. Site plaa Patwan. Site plan Ex.P-10 was- ramiaer-weapon of offence was |»fSukka was sent for post xaorteia lealth Centre, Sukma under Bx.P-13 the post inortena aad opiaed and neurogenic sfaock due to ibnd death is homicidal. cofaducted linvestigafion, chai^e shcet was fflcd First Class, Sukma, who m tura |Sessions Judge, Dantewada wliere fhe chaige agaiast the accused Statemeat of tfae aocuscd Pectioa 313 ofthe Cr.P.C. in which agaiast thein. _ wiflttesses. ^ '—78 3ii^?[ ?r R;-ii+, ^iT <»fl^l ?n+ttq>a y 3^T "i|l<)lci<<, ®T(1u'IS,fs|cMti^<, "^t. 200 sn^CT ^R^; ( 9. After heariag counsel| Additional Sessions Ju^ge, accused/appellants as aforei4entioned 10. We have heard Mr. coiuiscl for the accused/i G.A, forfheState. F^a-ag Kotecha & Mr. Aail K.Pandey, d/apj>ellants and Mr. Akhil Mishra, Dy., 11. Mr. Parag Kotecha aia^ the hoiiucidal death of R.K.Kurumanshl (P.W.-8) wh{> body of Madkaml Stikka has i) thcre was contusiofn extendiag upto the iv) therewas contusioii| v) fhere was abiawoii <|>a On dissection of the to^dy on fhe tem.poial region aa4 maxiBaiy bone on the teft su^e the-5th and 6th right side ipa <t)i<4f<i<(ii *ii*i<;if ^fs^ <,r<R$i< ^T <»iRi*<<tit^i for thc respcctive i»rties, leamed convicted aad sentenced Mr. Anil K.Paadey has not dfcputed Madkami Sukka. Moreover, Dr. conducted the post laorteni on fhe steted that: on the left sMe of fhe fordiead t^inporal region ofthe head; iQ there was contusionj on thc leflt inaxiUaiy surface; iii) there was contusionj and swelling on fhe teft side afneck; on right side of the chest; & ffae r^ht upper arm. y, there was a clotted blood prescnt parietal bone was feactuicd. ' Ttae was fiacturcd. The blood clotted ia was fi-actured. Injuries were ante e—78 •3:5S!-^W ^,W^\V'\6, &«Wy WI. 200 sii^iW Rs-li.'t '(TSIT sn^T "SFW^ v aniiyr ii'ra; C'pfyi^T) 'reiIW^lfet 311^1 -&- ehllld^l'l 'Rra^f ^f.1St^ <f<1't$l< ^aifimaii^r niortein in nature. Cause of dcath was excessive blood and. sfaock as a result ofhead injuiy ani4 the death was hoinicidfll in nature. Its report is Ex.P-8. 12. Iu view ofthe above cvi<|ence, it is cstabUshed ttoat the death of Sukka was hoixucidal ia nature. 13. As far as the conipli.cil3| in question is concemcd, P.1 fhe nei^hbourliood of ffac adjoiuing to the house of house of accused Budhra wa^ about 8.00 p.m., ia fhe quarrel bctween the accuse( houscofdeceased. Accuscd Bt Sulcka. Aiter soiaetuae, when) place of occurrciicc along wi^ was fying iaside fhe house. fhey inet him inside fhc aad inouth of the deceased.l estabUshed that there was a accuscd pcrsons whcn they • reason to dMbelie've the evidl Moreover, as per the Sarpaach and the viQaysrs i^, of ffae accused pcrsons in the crime (.-3 Madkami Paadu, who resides ia de4:eased, has stated that his housc is SuMka aad he was at his resideace. The about a distancc of oae furlong. At he hcaid thc commotion of the houlsc matetial f qe^ri nigtit, jd/appel^ante and Sukka fioaa the At/5 * lidlica <%»brother in law of deceased the qyarrel stopped, he went to the pi fhe toroh, he saw feody of Sukka G^ayi and Budhia were not tfaere but :. There were iajuries on the head Therefore, fiioni tus evidence, it is duarrel bctween. the deceased azsS. tlle w^re consiuniag Uquor aad there as no .bnce of this witncss to that extent. available on record, when tlie lached to the housc of the dcceased, e—78 SSeT rf|i<i !<•><<, yTfl^'is, Riwiyy WWST g?qtiR W^ 200 3n^?T 'qira; ('lpf5S^f) aii^n^it foNi TTtTT StT^T'sK^FET tpoin-outside ana Itwas opened. ta the persons were not prescnt liiere. werc brou^tit fix>ia fheir parents' ^>raI^It'( •lfr*^^1?<[3t' <l<<^i< ^ <*iRi*i <fl^?i •r th.cy tbund the faouse locked presence of police. The Thereafter, accused person house. accuted 14. In tih.e first iastance, th< accused Gagri which was responsibilily of the gccuscd| which the dcceased sustainelEll body was foiuid ia the house ofthe lo|cked fiioin outside therefore, it was to explatn the cireumstaace imder .elEljhonucidal iajuries. 15. P.W.-5 Maadvi Kuma inade extra judicial coitfess| when Sukka was qaurreltm^ whereas Budhra attacked Iun|i Sukka died on fhe spot. Jftas stated fhat the accuscd persons bn before thein and admitted that IQagri attacked him with thc raminer wifh the hand as a result ofwhlch, 16. In fhe cross examinatiofa been able to eUcit any declaration was inade in votantary. Therefore, fhere is| of Maadvi Kuxna. Thus, fhe fhc criiae in question is extra judicial confession extent, we do not ftnd any ci^, fhe trialCourt. • circiitastance pr^sence offhls witness, the defence has not to cstablish that tfae dyiag of the poUcc aud it was aot no reason to disbcUevc fhe cvidence c|3inpUci1y offhe accused/appeUant in by circumstantial evidence aad -before the panchayat and to that •itcuinstanee to discredit the flnding of established laaitte 'S ie—78 3'E^" "i<WI<?»<l, axfly'Ko, fslciiy^ TVWV %WSR 'V^ 200 ssS^ ^i R;-ii<* TTKH -an^ ?&*^iq) \, sn^OT TOTO (i^iF'^^i) ^wi'ffC ^fsa di^ -X. 17. Mr. Parag Kotecha & t accused/appeUants ai^ued record, when fhrec oftheia, i.i were consunung Uquor togpfh] process, the deceased was quarrel started within a sgur or preineditation.aad ia a hea^ flic accused/appellaiits dofvs tUat pr. Aml K. Paadey, counsel for ttie as per fhe material avaflabte on :. deceased arul the accused peraons ^r, sonie quarrel started and ia that jtacked wifh fhe raminer. Thus, fhe |of moincnt, without any prepaiatioa ofpassion, thcTefore offence against extend beyond 304-U ofthe IPC. dot 18. Onflieoflierhand,Mr. State supported ffae judgment (Ikhil Mish^ leamedcounsel for the lofthetrialCoiut. tt>r 19. Having heard counsel evidence. P.W.-5 Maadvl Kiimfe fateful day, in fhe ti^ht, thcy and sonie dispute aiose bejtween deceased threw the ehickeu dn sari therefore, she attacked which, Sukka daed on the spo^ 20. The above circuinstande deceased aad accused perso^is were eating chicken. Decease^ as one TS wife- of the deceased deccased and in a sudden q^is <t»l<tf<1<fll^WvS^^^ <f^l^$K i? aifiiiT aii^i the parties, we havc perused the has categoricalty stated that oa the 'ooked thc cfaicken, consumed Uquor thein. In that piucess, the the face of Gayi and rciaovcd thc Sukka with a Musal as a resiilt of is suggestive of fhe fact that the were consuming Uquor and thcy aad the accuscd are close iclatives aad the other is biother in law of the larrel, ia a spur of nionaent without f"^^ ^- 'i^,. °y;ss^!~¥-^8 •&as5SIS 1 3'cq-an'qTcW, ^TTlWI<i,fi|01«y •WRW wqi% •V^ 200 an^Silfrip; •cnrsm^i^flw Suguaa an^yT ^w (>s<Ty<5?l) ^araTfltoan^t -•1. 'auy prepaiaUun df pre accused persons attacked thc) of which he died spontan^c accused/appellants is covere^ oftfaeIPC. me^nation, in a faeat ot' passion, the deceascd with a ranuner as a result tan^ousty. TherefoTe, the casc of fhe under Exception IV of Sectioa 300 21. In ttie result, the appea^ seatence imposed upon the| 302/34 of fhe IPC sre s6t| luidei^o RI for sevcn y period agamstthe sentence ua^osed upon thei cfil^^'1'1 tffqcff ^fS1^' <f<q^l< ^r <*fKifl ^n^9T partly succeeds. Ttte convjction aud accused/appcBants uader Section aside. In stead fhereof, fhcy are convicted iinder Section 304 F^rt-II/34 offhe IPC and seatenced to ars. It is mformed fhat "Qie accused/appellaate are in dejtention siace 29.03.2004 tiU today, therefore they wiU be entitte4 for set off of the above detention Sd/- LCBhad&o ?'~7 ' Judger- ,. Sd/. T-P- Sha@na ^udge ^ .4