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J.'M'S Offict-———-.—: Uate ofTeceipt jofTCcord't^aec&mpariy-——^^ M(n)yo( AppeaI,oft)te^ippeUate Coiirt. ———— ForWa nle<3:..'t6'the;.;'.— ^•—^^^^•——--—^—-•--^^ 'e.J^MaigAfrafc1 ^^ Dale.or.recttpifciTiiARpIiat^ieotiEt' :"^^^s »SrS3K 'yW-^'^^i€^^;K'?"^:^)5^.^'%i^i >! ..-.. B-" i":~:^:?".::: '::;-i^" 3^ "•41AII<?1<1; ©•dlWIS,IsiMl^y ,^^...^A.J^....^...^L^ Sf^V 'q^T ('i^tstS?) t«ii<a<^lftd3n^[ Division Bench: - • Hon'ble Mr. L.C. Bhadoo and Hon'bte^Mr, Dhjrendra Mishra, JJ, 17-2-2006 Mrs. Kiran Jain, counsel for tl1e Mr. U.N.S. Deo, Additional Agrawal, Panel Lawyer for the State^ Oral judgment dictated on Oaf Per L.C. Bhadoo. J: - The appellant has preferrecf judgment of conviction and order o( 6th Additional Sessions Judge, Du[ learned Additional Sessions Judge for comroission of offence under undergo imprisonment for life. Case of the prosecution, in report (Ex.P-1) in Police Station: Ba| she along with her daughter Kum. about 5.30 p.m. accused Balwant and his daughter Radha ateo came| come. At that time, Balwant caugh|t from his attire and attacked Radha <t intention to icause her death, as GtJ>RJ—FS;7S—3/"2( receiveij ij^juries on stomach & cllest injunes; galwant ran awaywith thft ^>Ttlfo^t 'RFT^f ^f f^l<3 <rafl^l< '^>3[Rp?3n^CT appellant. Public Prosecutor with Mr. Ravindra i'espondent. IS. this appeat questioning legality of the sentence dated 9-2-1998 passed by the j-g, in Sessions Trial No.17/97, whereby lafter hQlding the accused/appetlant guilty 302ofthe I.P.C.,sentenced himto S^ction bt-ief t-ief, is that Shakun Bai (PW-l)lodgedthe |od on 2nd October, 1996, to the effectthat padha (since deceased) was in house, at i, she went to fetch water for Balwant |out of the house enquiring as towho has hold of Radha by hand, took out a knife ^ith the knife on rightside ofstpmachwith a result of which Radha fell down and est and blood started oozing out of the knifft—At that tim^ people collected and "1 XI-HC-22 311^1^1 Ri-ii.* 3Dl?I st)^icti •Hf^I T3[ -^WWi, eiTll'M'IS, [StMI'My ..£^B....^^ iiM^fr »HI^ te^T' Bloofcl took Radha to the hospital. Recei' Assistant $ub Inspector, registerec( occurrence. After giving nptice (Ex| Panchnama (Ex.P-3) oftheboctyof occurrence was prepared by N.K. custody, the accused gave memorar one knife and one container of poisorf into possession under Ex.P-7. into possession under Ex.P-8. Ex.P-9. The tnvestigating Officer vii Claudius (RW-6), Assistant Surgeor) examination of Radha and after Radha was sent for post-mortem ex^ Mealth Centre, Balod, where Dr. Mrs.l mortem and prepared the' post-mort^ were sent to Forensic Scienee (Ex.P-17) was received. Dying recorded by Executive Magistrate U.i After completion of investiga^on accused in the Court of Judicial committed the case tQ'Hie Sessionls Additionat Sessions Judge received t|- The prosecution in order to| examined/11 witnesses. .Statemeijit <ti|Al[tl4l->1 ^Wv\[ ^ I^Zt Xf^R^R ^r •?I)^PT sn^r il/ing this report, R.P. ^nihotri (PW-8), the case and left for the scene of |P-2) to the Panchas, the ASI prepared, fliadha. Site ptah (Ex.P-4) of the place of l^adav (PW-7)', Patwari. During poltee |idum (Ex.R-6) and in pursyance of that, of the size of 100 milligrams were taken stained soit and plain soil were taken Clo]thes were taken into possession under itle EX.P-11A requested Dr. Mrs. Shashi ), Community Health Centre, Balod, for exailnining, hegave report Ex.P-11. Body of ^mination under Ex.P-12A to Community jShashi Claudius(PW-6)conducted post- ^m report (Ex.P-13). Recovered articles Lattoratory, Raipur, from where the report dec|laration (Ex.P-22) of the deceased was i.Agrawal. - i, charge sheet was filed against the M|agistrate, 1^ Class, Balod, who in turn )r)s Judge, Durg, from where learned ^ hecase.on transferfortrial. establish charge against the accused of the accussd was recorcfed uncter I'qt^tRrt __x XI-HC-22 . ^? •^ll'ilM'tl, afll'M'is, i»i<ii'yy 3TF^T •q^q? _..:^f:.^.t^Q,..4SS- WtfWT ChNlcb fq^ff' .aii^r^? K-<i* an^r ?tifltch ^^d an^TWiw^ite ^l-q^l^H *1)+1^'^^<Si ^^1< ^i'SSPOT 311^1 Section 313 ofthe Cr.P.C. in which h< stated that he is innocent. Learned Additional Sessions Additional Public Prosecutor and sentenced the accused as mentioned irl denied the prosecution evidence and after hearing the argumente of coifnsel for the accused, convicted and para-1 of thisjudgment. We have heard Mrs. Kiran Jain Mr. U.N.S. Deo, learned Additional Agrawal, leamed Panel Lawyer on beh. The homicidal death (ifdeeease learned counsel for the appellant and 3ublic Prosecutor with Mr. Ravihdra If of the State/respondent. Radha is nptindispute. As far as involvement of the I murderof Radha is concerned, learne^ as the villagers levelled fatse charge relations with his adopted daughter tolerate, in the first instance, he consi(med and thereafter, when he lost hissen^e. Therefore, there was no intentionto offence against the accused/appetlan^ Part-llofthel.P.C. accused/appellant in committing the counsel for the appeflant argued that t)nthe accused regarding having jllfcit Badha which the accused could not poison in orcferto commitsuicide >. h'ecommitted the heinous crime. lcause the death of Radha, as sue.h, dpes not travel beyond Seetion 304 On the pther hand>~1earned Ad( Panel Lawyer supported thetrial Court| litional Public Prosecutor with learned udgment. molher Shakun Bai (PW-1) is the evidence that ^on 2ml October 1996] / . ' ' - residence.st^bout 5 p.m. accused B^l| WSteL.Rh0 w(iFit tn fet(*h water and herl "sss: of Radha. She has stated in her she along wjth Radha was at her want came to their house and asfced for daughter came out enquiring as to who -r [tft^ ^Ra^- XI-HC-22 7"T •^lltol^, ®Ti)+i'is,faiii'yy N11CTI »*<|CR SIT^T •q^7 £^a:.^o.:.:&s^.}^ •'-""•'•••w""-'g^'~2ilNf •fa^T""""' •M an^r^r R;-ti.<* 311^1 ?h*H yfga sn^i ?(arw ^rfta ^ +ilfcl^l-f ^lldf 4 'fe'st <I"I(AK •^ariigifsii^r has come. When she wa& taking knife from his attire and attacked this, her condition became precarioi daughter fell down and seeing the thereafter, she does not know whi examjnation, defence has not been al evidence of this witness unreliable or wajter, at that time, the accused took out a Rajdha on her back with the knife. Seeing te. As a result-of the knife injyry, her If. ; ' ..\ ~- - ! liabove conditioh, she also fainted and ^h side Balwant had gone. tn cross- |i|eto elicit anycircumstance to make the tjntrystworthy. Moreover, the knife in questio^i accused and same was sent for chdmical where it was found stained with blbod. Judicial confession (Ex.P-22) before| admitted that he assaulted Radha against him that he had illicit relation^ became pregnant. The above statei|nent Agrawal (PW-11)that accysed Balwatit was recovered at the instance of.the examination to the F.S.L., Raipur I. The accused'himself made extra the Executive Magistrate in which he ^Mith knjfe because, there was charge with Radha and on accountof thatshe (Ex.P-22) has been proved by U.S. gavethe above statement before him. evidtnce Therefore, based on the recovery of the weapon o,f offence 4 extra judicial confession made by t^i U.S. Agrawal as also that the susfained by the deceased, involv^ment question is established. medical of eyewitness Shakun Bai (PW-1), 'hich was found stained wrth bloodand e accused before Executive Magistrate evidence corroborates the injuries of the accused in the crime in As far as theoffencecomm|tted by the accused is concerned, the ^elfortheappellantisdevoiclofmentfor l|ias cleariy stated that on thefateful day, |with a knife and asked her to give him argument advanced by learned coun^ the reasqn ^iat Shakun Bai (PW-1) atabout 5:;p.m. the accused came [^ ^ta^ XI-HC-22 'Svf -H|<1|<1<1, snjs'IS, K<'1IMy sn^i^t ((;•<!* sn^r ^ ;^lf^T Soma .'I ^ w sn^r i(=ra? NIIMI ttiin^s "g^ 200 1^'^ff' wafer, when she went to feteh wate attireand stabbed Radha in her instantaneously. Merely levelling illicit relations with Radha, in any for the'accused to assault Radha an In thecircumstances, we do of the trial Court. The appeal is deyi and itis herebydismissed. Consequently, M.(Cr.)P. No. ~S3T L.G. Bhadoo Judge <;iii<<t<'i<<li *iiiinT ^ teat Ttesre ^T3lS<n31I^T )-•' •- '/. 1-, the accused took out the knife from his chest, as a result of which she died jharge by yillagers that the accused had f^y; does not be a ground for provocation tl commit her murder. jot find itlegalityor infirmity in the judgment ^id ofmerit, same is liable to be dismissed |2?6/2004 stands disposedof. Sd/- Dhirendra Mishra Judge [^^g?