'3:S3[ ^q |^|0^, ^iTH^4!^, fsi<»»l-M^< ^Wvi[ ^Wv^ -^ 200 3H^?T X[5RR (^c([^^8|) 3Ti^?r^ ^w^ WT^Tf^T^HW '^nw^Rf^r 3pn^T 1 Aniit ' Kuiaar @ Ashok kumar; Son of Vimal Kundu, aged 22 years, r/o,.village Sukma, P.S. Sukma, District Daiitewada (CG) Had Son. • of' Deniu, aged ' 24 yeai's, r/o. Ira7aii Bazar State of Chhattisgarii^ Thrcugh Polk'e - Statk>ii Suknia, Distdct Daatevvada (CG-) Versus Present: Mr, Alok NiRam., counsel £ Shri Praveen Das, Dy. Go\ The foUowiag judgnient ws ,L.C. This.appeal is directed'a and onier of sentence dated ^ cbl^Id^il'l *iw<?iT '^,'fe^ <Rit^i< ^oifa^ <KI^I •540^2002 T.P.SHAPAA,J. ^r fhe appellao.ts. ^eminent Advocate for tlie State. LS delivered by gainst.fhe judgment'of convictiDH iO.05.2002 passed by the Foiirtii XI 3TT^T ?FT f^'licb 'cT^TT ^n^T sFrri^F ^ 3^ST •^1<M10^, t$Tfi'HII<S, fs|01'y^< Nl^dl **<!<*» "^ 200 31T^?T ^RR? (4^f^<^) '^TTW^rf^T ^TT^T Additbual Sessions Judge, 415/2001 whereby the lean: holdixig fhe accused/ appeUs offence under Sectk^n 302/. uxidergo iinprisoHBieut for.life in. default of payzneut of fi ngorous iiiipn.soninent. li^ 2. Case.of.the prosecutk)^ date of incident, accused/apj: of Raniji ond after takiag payment whereupon Maiiqj (2 th.is, he abused Maaoj ia the i said that he does not knc?w fhreatened him to take his 16.5.2001, at about 11.00 ^ Ram aad agaiii after' takiiig was leaviiig, then Chova place'without makizig paym^ day, ia the uight at about 9.^] two friends was sti^lliag ne| retuninig; accused/ appellanl| beat witii haud aiid slaps. Oi| ic.terveiie, but. when the acc| left the place. At about 12 0| came to fhe house of R^ Rajn <t)i^F<rt<flvi ^l^<^f ^f f^^l <H»i^i< ia^i ^ti^i |Bastar at Jagdalpur io. S,T. No, ?d AdditioB.al Sessioiis Judge aiter Lats guiity ibr comBiission of fhe 54 of the IPC, senteiieed .th.em to aiid to pay a fine of Rs. 500/-each, ie to farther undergo six months .ixi brief, is th.at, one day pnor to tiie lellazit Amit Kumar came to the hotel ^realsfast, he was leaving witliout |iiice deceased) denianded money, At. AaBie of motlier aiid sister. He 'further at whose house is he residiiig aad t^, left th.e place. The next day ie. ou .ni./he came to the hotel of Chova jbrealcfast without making payment, deinanded BioneY but he left -the |ut after'abusic.R hini. On the sanie 10 --10.00 p.in., Maiioj along with his kr th-e rest house. When thev were |s Amit aa.d • Hari stopped him and seeiiig this, frieuds of Maiioj tried to |ised persons thr^atened them, they [clock m the rdglit, one Praful Damel \mji and ni&mied tliat somebody 3^cT ^i^i^, ^Tf1<i<i<o, icioi-yy :ws^' 371^1 ??T1^?I?? 'cCT<??y^T^RN -^i -V 'wr^ir %w^ "V^ 200 3n^?r'q^F (<ic»^^) ^«ll^R^f^a has infbmied him over telepho| io.'fhe High School gix)und. On] Bai aiid sou Chova Rani went tb they came to know that Manj doctor, - lookic.g to the serious the District Hospital, Jagdalpuj|. jeep. aiid tMe matter was rep^i Qtoiioii Sukaia under Ex. P-5,. B| one Deepak Chouhao., r/o. Suk^ia to the SHO, P.S. Sukma, that| GaRioo Soni came aiid' ioibrmd rest'house^.-Thereafter he wentl tliere aiid he iiiforoied io. the po] crmie, the Investigating of5c( prcpared fhe iaquest Ex. P-7 panchas on the body of Mao.qj .£ on the body of Manqj Sahu to R/ Dr, K.B.Sharma, conducted fh( cause -of deatli was due to asp] One Mai'shall Jeep, key of the Ex. P-4. Clo-tlies . of the decee Accused/appellaat Hari, w] nienioranduin Ex.P-10 reRardiiii .which was used for stran.gulatiD: was seized\ under Ex, P-1 accused/appellaiit, Site plan. cbl^td^il"! TTO^f '?t\fe^ <Fa|^d< ^^iRpT^n^r that Manoj is lyio.g unconscious hearmg this, "Ramji, his wife Motmi the place of iacident. From there, was talcen to the hospilal. The. -oiiditbn of Maiiqj referrcd h-im to He was taken to th.e hospital in a rtea by Chova' Rain in tlie police sfbre lodgnig report by Chova Ram., tn-a also gave iBtimatbii' vide Ex. P~ 1 |at aljoiit 11,00 p.m. iii fhe uight, ^. him about the quarrel neaj: the near the rest house, No'body was' 'lice station. After reRistration/oftIie took up fhe investigatioii. . He ^fter giviiig notlce Ex. P-8 to flie |ahu, He requested for post morteni |aharaui Hospital, Jagdalpur where post mortem aad • opiiied fhat the ^iy^ia as a result of straugiiiatiou. Teep .and Stepiiy was seised under tsed were seized under Ex. P-3. ^ile io. police custody gave the place where he kept tiie "towel ^, In pursuance ofwhich,. fhe towel at the iiistance of the 3x, P-13 w^?s prepRred hy Pa^ari. ^TT^T ^T f<Tlicb 'cT^T 'STI^T $b*lict) J. r •3:SG[ -q|<q|0^, ^Tf1^<|<o, fs|<7'>l^^< ^w^{\ ^hW^h "^ 200 aniRT xnw (44^^) ^«ilW<if^a ^TT^T Maao] was taken to Hospital iajuries aud prepared icjury i prepared by the Iirvestigatm.i 3. After conipletion offhe i|nvestigatioii charge sheetwas filed in fhe Court of Judicial Magistr^te Firsf Class, SiikBia, who iii tiim coio.zaitted the case to the Sejssioiis Judge, Jagdalpur Iroizi where tlie leamed Fourfh Additiona| Sessions Judge, Bastar received tlie case ou transfer for trial. 4o- ProsecutioB. in order t ^accused/ appellao.ts examro.e^ Stateirient of tlxe accused/apj 313 of the;Cr.P.C. iix which| against thein and stated tha| .falsely implicated in. the crini^ 0< After hearing counsel Additional Sessions Jud a^cused/appellaiits Hari. (3 afbreBienuDned. However, acc| was acquitted. 6. We have heard Mr| accused/appellaats and .S£| Advocate fbr 'the State. cbi^(<n<fli ^H<rff ^T^fe^t <P^<^i< ^ 3tRp=r ^TT^T ^rhere Dr. B.S.Thakur-examined the ^port Ex. P-16. Site plaii Ex. P-17 was Dfiicer. ''o estabMsh the charge agaiast the i as Biaiiy as eighteen wrtnesses. ]?ellaiits were recorded under Section they deuted th.e material appearmg they are iiinoceiit They have been in question. for tiie respective parties, leanied .ge, convicted 'aad seiitenced § Ashok Kuinar aad Hari as used/appellan.t Raju @.Rain Prakash Alok Nigaiii, counsel for uie ri Praveen Das, Dy, Goveraiiient XI-; 3T^P?T 5?T ^IN? WT^TI^^ti^ ^ •S^Sf ^IIAII^, ^)Tn^<|(o, fsf<?l>l'M^< tTFIW ^hNicb "^ 200 3H^!T'qsw (4ct^<^) ^wi^R ^a 3:11^T 7. At the outset, Mr, accused/appellaiits has uot di^j Sahu, Moreover, P.W,-6 Dr.ji 17.5.2001, he couducted the ^ He has ©tatedth.at both fhe congested, the btood la.ixed wipi the nostrils aiia -mouth in plej^i froia the eai's'a^id the fists werb brown io. colour amund the^ ug| the trachea.. There was a pe^lm^ Mgatare mark, two in nuiiiber.iji two injuries on the right side of| • peeliug of skio. iojuries io. the sjize the right side of tlie neck. Al -natare» Ou dissectioii of tiie bol blood beneafch th.e IlRature Biar] .of fhe neck. The subcutenousl was dried.- The wiad pipe wa Biixed.with froth iii th.e wiiid On cuttiiig, it was found' tb.at tl uie deatli was asphyxia due to iii nature. Its rcport is Ex.P-6. 8. ..TIie above xaedical evide: of P.W. "5 Chova Raia, -who has some elfcerc^mon between M£ cbl^i<y1<fl'1 TTPT?ff ^fe^ <Rn^fi< '^3ffRrH3?n^[ Alok Nigam, counsel for . the puted the homicidal death of Manoj IShanna • has stated. that on ^ost Biorteiii on the body of Maiioj, ^yes were closed and eyelids were froth was coiain.g oiit from both .ty,; The blood was also conxiiig out closed. There was .a ligature niark ^k. aad Mgatu.re was equal to %^ ou • of tlie skio. icjury above the the sise of 2 x ^ " aiid ttiere were |the neck.in the size-of 1 x W. Four' of W x 1/V were also present cn :the icjuries were aBlezaorteni io. |ly, he ft)uud fhat fhere was clo'tted aad lot ofblood below the muscles tissue beuealh the Mgatare niark •• cougested aad there was blood ;, Both fhe Iiings were congested. ie lungs were black. lu his opiiiiou, jstraiigulatbn. Death was IioBiicidal p^pe l.ce is corDDbor^ited by the evidence ^•tated th.at 011 16.5.200.1,. there was ijioj and the accusecl/persous 011 XI; 7^S ^W^, ^iS\W\<o, ^vftW^. •qpi^ff •3?W^ -^ 200 ^n^T^FT^SW ^TOT<R?^T^^N an^ff xr3^ (<i?^q^) ^^nw^rsn^i cbl^td^l'1 'HW^f <f,fe^ it^tSrK ^STRpT^n^T account of non-paymeiit of m.03Jiey for the breakfast talcen by tliem m his hotel. Accusecl/appellax|t Amit took breakfast b-at did" not pay the Bioney aad when he abused aiid said that he doesnl At about 2,00 p.m,, agam/-A33i| ni the night, at about 10.30 p cleBiaaded, tlie accused/appellant ot kiiow with whom he is residing, |1 came, abused hici and paki the money. He left fhe place after t^reatenmg .them. On the same day, m;', Manoj was goiag towards tlie rest iiouse fbr urmation, .at &^: time, he was at the hoteL he saw •that accused/appeUaats \ Hjari . aad Amit, ' . eame and aCcused/appellant Had abused ^Iaiioj ou which Maaq] objected, At this, Had aiid Amit started .beati(ig Manqj with haiids. He saw fro-m- a distaiice but did not go to tliaj there, they wiU also attack h-i-m. aiid ocular evidence, it is establi tlOBiicidal iii natui^, fc side siispectmg that if he wiU go Therefore, Irom fhe above inedical |shed that the death of Maiiqj was. 9. . . As ,iar as -th.e coBiplicity crmie iii question is coiicemed, accused persons rcsts oii.the te^ )f the accused/appell^iits iii the tii this case, fhe coiivictk>n of the. Itimoay of P.W.-5 Chova Ram, as Mastaii have turaed hostile aiid P.W.-2 Saajay Gupta, P.W.-l Deejpak Chozuiaii aiid P.W.-4 Sheikh timonly piey have not supported the case •i prosecution aad"the testiinonlf of P.W,-7 Shyam Kumar Saliu an.d P,W.-15 Ramji also corrol| [testiBiOBy of Chova Ram, orates to a certaiii exteiit, tlie XI-B 3Tf^T ?ET fq^w Tf^T 3TI^T 5b^i<=b -< (.- '3^ ^W^, ^>Tfl<111(o, fs|01<-l^< Nl^dl **<!<*» WI, 200 3:n^?r '^RF (<i^y<^) '^TTW^f^T ^TI^T expli^it 10. Mr. Atok Nigaj3i, couiis) th.at in this case, aU the id Saiijay Gzipta aiid P.W.-9 CIiova Rain, Ranrji aad Shy^ the deceased therefore evidence of their testiraoiQJ persous with the crioie in. qu^ 11. It is settled law. on tli€ fhe witiiesses are relatives o| .rejected, However, before pl^ Court • is required to ex^ wifcnesses with m.oi'e care aad |el fbr fhe accused/appellaats argued l.depeiident witiiesses ii.aoiely P.W.-2 Glirdhari have tanied hostile whereas r^m. Kumar Sahu are close relatiyes of reliance caiiiiot be placed on tlie l-2. In tlie Mght of tlie ab{ statement of P.W.-5 Chova N he was workm.g iii tlie hotel fhere on 16.5.2001. The acc^sed connection with payiiient of hotel, they abused hiiu an.| inoney, At about 2.00 p.ni. paid the Bioney, th.reatened| p.m.,' io. the night, when M| order t.o urinate, he saw fh| came tliere and abused hirrl beatiiig hiin with haads. CIj <=bi^(<n<i1Ti ^i^<A '^\1^3t <RI^I< '^'^TRpT^TT^T ia order to coiiiiect thc :stioii. accused poio.t tb.at nierely on the ground that the victiin, their evidence caB.uot be x;ing reliaiice on such witaesses, 'tlie ie/scrutn.ise the evidence of these circuiiispectiDn. 3-ve priiiciple, 'we have exajiiiiied tlie aBi, who has categorically stated that bf his father. Mac.oj was also workiii| persons quarreUed with Maiiqj in tiioney as they took breakfast ia their 1 left the place witlioiit payiiig tfie iaccused/appellaiit Amit agam. caine, aad left tiie place. At about 10.30 |nioj went towards tlie rest lioiise io. ^t ajccused/appeUants Amit and Had [. When Maiiqj objectea, they started l.ova Ram was watchiiig the iacident ¥:9^-^^~ ^^ ^T ^ich ^T^T^TT^T^RW -< L 3^sr .^HI^, ^>Tn^li<o, fc«?'>i'y^< NINdl **<|eh ^ 200 3H^?T T^^ (^f^q<^) '^nw^n^T^T TTOHI a distaiice of 15-20 ft.l suspectiag tliat. they will a]^o caoie tliere aiid he also slap^ Marshal Jeep. AU the fhree] Marshall Jeep towards Com^ When he was sleepin.g at hi| house, his fatlier opened t| received a telephon^ call fh^ •fhrown hiBi on the ground. €dong witli his mother an.dj iB.cident, saw tiiat io. front o| vehicle. was staiidiiig aiid th.| vehicle. By that time, Mao.qj villagers» Wheii fhey weiit to| paiti, There were injuries anc^ there, he was talceu to Mah^ way he died. Thereafter, he.gs 13. In the cross-exainiiiatk accused/appellants Hari aiid months. They very oiten us( SoBietmies fhey use to pay A day before tlie io.cident ij was no qziaiTel betiyeen the a| On 16,5.200.1, the a.ccused tiiey ai'e dem.asidrag money cbH(d^1T1 'RTFRTf ^fJ^t <P'l^l< ipr ^tRpT'STT^T but he did not go tov^ards -that side attack hmi. Thereafter, one Raju ?d Maiioj, Thereafter, lie brought oiie accused persons took Manoj ia tlie lex, Thereafter he weut to his house. house, Pradull Danieal came to his le door. He mformed that he had t Hari aiid Amit after^beatiiig Maiiqj, After receivmg the mformatiou, he father went towards tlie place of the house of Ram Vilas Singh, one accused persons were washing tiie was sent'.to Sukma Hospital by fhe the hospital Maiiqj was writhiiig iii blood was visible on his neck. FTOBI |r£0ii. Hospital, Jagdalpur but on fhe |^7e report Ex. P-5.- |n of fhis witness, he has stated fhat Amit were knowii to him siiice 7-8 |to come to their hotel'for breakfast, .^ney aiid sometimc fhey did not pay, oa 15.5.2001 .and 16.5.2001 there ^cused/appellants aad tiie deceased. {persoiis threateiied tliem as to why ^id whetlier tliey are not kaowiag as ^.... . . inpney S^T^FT'f^lN' 'cT^T 3TR^T 5b^l<=h •r" 's^ ^i^i^, ^Tf1'yli<o, fsi^K-iy HINdl (b^lcb "^ 200 3ir^?T xr5ra7 (44?^<i^T) ^mw^ft<T^?T to.whose house they are re^ has state.d what had circunistaiice io. his evicleiicej or untrustworthy. |idiiig. Therefbre, P.W.-5 Chova Raiii ha^pened and we do not find aay which Bialces his evidence uureMable otl-le brotlh.er 14, Moi^voer, his evidenc^ P.W.-7 Shyaia Kumar Sahul persons aj:e known to him.. also ha^iiig a hotel at Sukm.a| aiid ABiit zised to coiiie to reside at tlie residence of T] bar;k, there was a quarrel b| and Hari. aiid Amit on the took breakfast 'froin. his wheii he dem.ajided, they' thj has further stated that he c| at-tack niade by fhe accused Raioji, father of Chova Rc] co.rroborated the above accused/appellaiit.ABiit used| and when his son Manoj abuse hini. Maaqj informed not to in.dulge in quarrcl w] Therefore, Irom uie evidenc< runnnig the hotel at tlie Bus stated tliat accused/ appellaj cbi^fd^1Ti ^i*i<2il ^fe(st <R»i^i< '^stRm^T^r is coiToborated by the evideuce of who has stated that the a^cused Ej-ven Maiioj was known to hioi. He is Bns staiid. Accused/appeUaiits Had tj.is hotel for breal/cfast, They usecl to lakur Ram Vilas Siagli. Six inonths t^tween his brother on tlie one haiid oiqer hand.. He went fhere because they but did not pay the money aad 1-eatened with dire consequences. He ^^ime. to kiiow later cn reganlin.g the persons with his nephew, P.W.-15 E4^2i aiid deceased Fvlsaioj has also statem.ent and stated that |to come to take breal^feist in the hotel de3|iaiide.d nioiiey, the accused used to hjiin about fhe quarrel, he advised him. 7|th theai, aiid he wiU advise theni, 4 of tliese three witiiesses who are ^taad Suk22ia, who have categoricaUy ^iits used to go -to their hotel fbr XI-. 3^?T ^T ^Jch ^T^T 3TR^T 5b+1lch k Suguna 3:wT«^ll'41<?'><<, ^Tfl^ll<S, R«y>>l^< KINdl *t41<*> •W^ 200 W^ ^S^K (^Iyi^) '?'5RTTW^f^f 37T^T brealdasf.ao.d when they ns^ used to threaten aiid qzimTel ^ 15. As per tlie eviden.ee conducted the post niortein o| noticecl va^ious uijuries 011 tl^e and blood mixed wifh irofh i4 stat-ed that fo.e cause of 4 strajigzilation aiid P.¥/,-5 Cl-it accused persons taking away| 16. Therefbre, ia view o| accused/appellaiits, to Maa.4 Raza ia connectijoii with denj- tlieii' hote.1 and the evidence d evidence of P.¥/,-7 Shyain H nxedical evMence^ we are of Court has rightly held tlie. a^ tlie seiitence fbr the COIHHII 302/24 oftlie IPO We do no| judginent of trial Court. 17. In the result, the appe^ disniissed and is hereby disir(issed. Sd/- L.C, Bhadoo Judge <=M^f<Tt^T1 <4144<?ll ^fe^ Tf^PC$R i;?3tRpT3TT^T ^.to deinaa.d money'from the.in, they /vith tliem, of P.W.-6 Dr. K. B. Shanaa, who 3. the body ofMaaoj on 17.5.2001, he neck of the deceased, Mgatare Biark tlie Bioufh, nose and ear aad he has .eath was asphyxia as a rcsult of ^va Rajii lias stated that he saw the |deceased Maiiqj in a Marshall Jeep* the threatenio.g given by the [] aiid on 'the previous day to Chova iand of Bioney for breakfast takeu ra f P.W,-5 Chova Raju coupled with the |uinar Sahu and P.W,-15 Ranrji aiid |iie considered opiuion that the tdal |3used/.appellaiits guilty aiid imposed Ission of the oueuce under Sectiou t fmd any illegality or infirBirty in the [l beiiig devoid of Bierits, is liable to 'be Sd/- T.P.Sharma Judge