1~1/ l / 1 •J'% -^ *t,.•y°/ ''"'f^/l'- 'ffl.o, ^< "% <b 4/9 s1 1 Rl1 ow >w ^ w **J *. <^t M ^ § B w o t~ (fl f to * (t 18 (i. » tt ©e »n rt'tfi M p. t) r w •> »< *. 'S'.'a tB 0~(|1 ® .< 9 f-W » @ frwt Bbl-"1 R 3 l* rt- M iS'ju *a <i» @i ini <y rt h v n a» » Wi "i'tB ® H ES <g fi <fl H g ?3 M § w tn -y''. XI-HC-22 3(^T?iT i^rwsn^r OTWgfBcf w TS?^tPTRTO', ®TflH'16,Rldttty HIKWI St»><|th Sn^TT'.itich / _<^../ll. T%""""""""""'/''^Wi; 200 f Rl<»«d 3n^?r ??(TTW (rf^r Divisjon Sench: - Honbte Mr. L.C. Bhaaao dnd Hon'ble Mr. V.K. Shrivostifevc. JJ .Wr. P. Diwaker*, Seniot tor the uppeiiont, Mr. Akil Mishra, Panej Orai judgmsnt efictat4d &®^LC._Bhosoo,__JL- This aopesl is dir-ect^d order of sentence dated 171- Judge, Ba!od. in Sessions Tj' Sessions Judge after commission of offence undelr to uncferao imcrisonment fo| of oayment of fine to fur'thi.i Case of the pro.seci) n'ght of 16th a 17t"' Juiy, Kumar ciong with ftamsingh watchino film which wc.s bel was already oresent 1+iere. the yillQ^g Dond in ord^r Atmcram also foilowed theiji ^iPlfepftr WRft'^'fei^ ^siRiiran^T ^ Advocate with AAr. Adi! MiRha.j, Advocate -awyer for the. State/respondent 1 on Oais. id agdnst the judgment of conviction and -3-2001 pcssed by the Additiona! -Sessions rial No.350/99, whfereby iecr.ied Additionai Iding the Qccused/appeltant guiity for Ss.cllc-n 302 of ths Z.P.C*. sents.nced hlm k life cnd Day a fine of Rs.500/-. in dsfault r undergo R.I. for thr'ee months. |tion, in brief, is that in ths irster'veninq 1999, at about 10 p.m. deceased Santosh 1'vent in front of ths house of Leela Bci for ng exhibited on video. Witness Sanipcttal Thereafter, three of them left towards Ito cttend the ca!i of nature. Accused SamDatial ciona w'th Ramsingh wsnt on (<fl^^)^) XI-HC-22 an^TcfiT f^iNT.sn^r Stitliti ^lfgCT a 3?5 •<llt||rt<), ^TftWlti, ('ldiwy, HI*<WI a»H|ttl 3ii^?r <<;fcb _.&..A...^J. H^ 200? f^^;'' air^r gRnw (rflsT arta ths oa";< of the pond to attsni & Santosh sct near the wel! hands near the cuivert. Acd +owar-ds the village o.nd after hesrd ths screcms of SantosH s'ce and s&w that Scntosh s<| Scntosh on which Scntosh saidl knifs and ran away. ' 5antosh Fsauraw (PW-1), grandfathsr Santosh to rcgurani's place. F^ in lury on ths stomGch of wound and Santosh was bteedi? to the hospital, 'nowever, he ii ths caii ot naturs. .4ccused Atmarc'T; nsm. ragurom 9Q"s usloti. Oshoti. Nai Ex.P-13 Merg intiffiat'on was g| thess documents, Ex.P-14 merg| Seceivinq the reDort, S'U registered the F.I.R. Ex.P-lS| Z.iiy-ssticiQtl9i-2 Officsr dso rsol Officer after oiving notice incuest Ex.P-3 of the body of] knife wd blood stained cloliie; wrfCTte »WR?fff teA <fsRsre ^sTRiiran^r a»|id thereaftsr, thev vuent to wash their "': ^jsed Atmarcm & Santosh were go'mg some distance Sampatlai <& Rawsinoh |,therefore they rushed fowards that ^as .Sying sn ths gr'ound. Thsy iifted that Atmarom has stabbeci him with a Isaid that he be taken *o the hcspitai. of Santosh. was ir'formsd ono they took :t^uram scw that there was a stab wound Ssrltosh, intsstine came out of the stab i^g from the injury. Santosh was taken sUccumbed to the iri'wries sustained bv Naiishi Ex.P-1 in Police Stwion; Dondi. Iven bv A.5.1. J.P. Kal'hote. Bassd on •»vasregister-ed at Cr'ime No.52. S'fction House Officer Sunderla! Jonsde and took up the in'/estigation. The ;hsd the ho^pitcL Ths Z^vssti^c'tJM^ 5x.P-2 to the Panchas, oreoar'ed the Santosh Kumar. Weapon of offence of the occused aiong with shaw! wer® •^' (^y^-) XI-HC-22 ~ -~~ \.. ^ 3^'"i<l-i|ld-l<, (SiTfltl'16, RlOltiy WlIcTTshlKO 3TT^?Twach ^c^^^il^ 200 [ Rw% an^T?iT f^TR; 311^1 Sht1 dfStT SKtfW 3n^T?R(TgTHf?cT tiiqfi'i'ill-i i<iH<flTiT'tei^'<Ri«i< ^sif^iTsn^T prei^ared pujictured breikdth taken into possession by ths memo Ex.P-6 on 18-7-1999. Post-mortem of the bod^ AAarkandey (PW-5) ond he He noticed that ·the.rs was a abdomen, stab wound at nava! r|e( cms. above the umbiiicus. The] cms. in iength & 2 cms. in wall and punctured the small '^ cause of death was haemorrhc^ge (stab wound) in cbdomen and ^r &r. L.L. AAarkandey for opinion that it was possible to cause tife with the knifs in qusstion. Clothes of the deceasedl Ex.P-12 of the piace of occui we-e sent for chemica! Laboratory, Raipur, from wher^e r'soort Ex.P-lT wsrs rsceiyed, Af*er completion of inve; Court of Judicial Magistrat^, committed the case to the Sesj Additionai Sessions Judae receisl Tnyestigating Officer under seizure of Stintosh was conducted by Dr. L.L. the post-mortem report Ex.P-8. wound on the riqht side of the 'eglon right side 3 cms. from mid !ine 6 stab wound was troinsver'sely olaced 4 and passed through the abdomen itestine, The docto'' oDi"ed +hG+ the and shock due to grievous injuries mail intestine. The knife was sent to who opined as per the report Ex.P-9 injury, which was caused to Santosh ttte were seized under Ex.P-11. Site olan va'as prepared. Secovered articies lination to the Forensic Science wher^e the report Ex.P-16 and Serologist rdnce extim Itigation. charge sheet was fiied in The ), First Glass, Balod, who in turn ^ions Judge, &ura, from where Searned I'ed the case on transfer ror tr'iai. (^y^) ^ XI-HC-22 sn^rw R-ii+an^r stitii* dfer 'gM^K 3:5?-i<l<<K-l'4, tfTn'M'IS, Rlc1iuy,< HWWI ShllW sn^TTwach / ^.&,A:.' Rr«»& \ Wq; 200 4 sn^r WITSR: ^fer ordter h<ks Tne prosecution in accused examined eight witnei recorded under Section 313 of| & 4, the accused scid thdt he r.ouse of Leela Bai and Santoshl the sviden.se appearing against said that he is innocant and h<t After conclusion of trial, learn^ and sentenced the accused. We have heard Mr. P. Atlr. ^cii! ^inhQ I iscme^ Adyst Mishra, iearned Panel Lawyer orj l-earned counsel for hnrnicidcl d^ith of Ssito^h. stated in his eyidence that he Santosh ond the deceased stabbed him and ran away, the He aiong with Ramsingh & 6an| of FG^upQm f?io?n whsrs ths d$^ to establish charge against the fses. Statement of ths accused was 1 the Cr.P.C. In reply to question Nos.3 ii ul»entto watch video fi'm in front of the '•• IWQS also present there. Other part of th.e deceased succumbed to—t'l' Martendey (PW-5),1+ie doctoi body of Santosh, has statsd in iury on the stomach of the +l'i<tri4)-l WRTt' if fscS <Rl+^l< ^; srf^iT snS^r the accused was dersisd by him and he been falsely 'mDiicated in the crime. •d Additioncl Sessions Judqe convicted ^iwaker, learned Senior Advocate with 'ccxTs. "for the csDslJQf^'t' &ncl AAr. Akh s; behalf of the State/resoondent. l^he appeiiant has not disputed the tscr't f!"om that. Samnatic.1 fPW-4^ hod ; ^-....^. -,..».. ^. . - ., ,. r.-^- ^ow in.jury on the storr.ach of deceasec disclosed thct accused Atmaram has ^e.ceo.sed was bleeding from the injury. hwam took the deceased to t'ne house Issssd WGS tc.ks?! to ths hosD'tsl, whcrs le injuries sustained by him. &r. L.L. who conducted post-nnoi'terfl on ths in his evidence that there was Q stsb yeceased above the umbiiicus cmd the (^ysir) XI-HC-22 STI^TaRT f^iraisn^T OTWHf^cT WWfi 3sr'^i<)ici<<, »Tfl^'is,Rifii'My 3TT^7I HWWI yiwvs ?TW;1* V^ 2W( sn^r S^ITW: Bi%?r srnai! intsstine. was coming out] aiso punctured and Santosh die[ as a resu!t of the injury c&\ 'nomicida! in nature. Therefort estab'ished that the death of As far as invoiven'enl coirsmission of crime is concj estabiish ths crime agains circumstances: - ' 1. that, deceased Santo| PW-4 Sampatiai; 2. that, fiie deceased; attend the call of ni] w'nen Ramslngh & the ccil of nature, thf near the weil, villacje and nll of a Scmpatial & Ramsing accussd in in iured disapDeared from the 3. the knife, weapon of of the accused. ^rafe^ irpRiY ff tec^-rf^rRTC ^3:ri^T3:n^T of the injury. Ths smali intestine was y on account of haemorrhaqe and' shock ised to stomach and the desth was' ;, in view of the e'oove eviderice, it is < bntosh waa homicidai in nature. of the accused/appeliant in the irned, the prosecution hcs tried to the accused on the following '|sh made oral dying deciarction before l^amsingh & Sampdtlal went together to fcture, the accused foiiowed them a"d Sajnpctlal went nsor ths pond to o.ttend 'r' cccussd & the dececsed wsre sitting theretrfte", they were qoing towcrds the ludden Santosh raised cries on which ih rushed towards him and saw fhe consition, howeysr, the accused fclace of occurrence; cnd itffence, was recovered st ths instance (^y^r^ w. iyi XI-HC-22 ss? •^wicl'y, ^Tilwid, faciiyy an^r^r R-fi+sn^r shHlt> flf?(T ww-tT aitii* 341^71 vach ^<s?,J:MQ W^ 200 f^'fl'A .3n^T8?gTWtif??r As far as the fir.st circUi 4) has stated in his evidence watch video fiim in frcnt of th4 & Ramsinqh aiso came there, tH< when he aiona with ths dececsid viiloQe Dorsci To st1^yid tHs co:ll When he along with Ramsingh accused & the deceased were whe" they went toi.'Bards culverl) the accused & 1+ie decease^ Thereafter, they heard the scrt towar'ds that side, they saw tha1 said that accused Atmar-am hi shouid take him to the hospitij evidence, the deceased made wil-ness Ssmpatlal (PW-4). In has categorically stated that reached near- Santosh, he was] cross-sxGH'iHQtion thst ths dvi witness by the deceased. fcvenl the statement under Section 31. he were present in front of th< was b.einq exhibited. In cross +l'14t<'l'i{)-f 4]HdTfftec^ <Rl<^K ^srf^lTSTT^T mstance is concerned, Sdmpatia! (PW- rtiat on the fatefui niaht he went to house of Las.ls Bai, decessed Santosh accused wcs aiso oresent lliere ond & Ramsingh we"e going towards the n r.Qturs. ths Qccussd followed thssn. rere ott'endina the call of nature. the jsiti'ing near the well and thereafter, for washing thsir- hands they saw that were (ioina towards the villaoe. fesffls of Santosh. When Thev rushed Santosh was iyinn on the qroun'd. 1-ie is stabbed him with knife and they ^. Therefore, in yiew of the above oral dying deelarctior! before this |:ross-examinat'ion of this witness, he it is incorrect to sm that when he unconscious and it has not come in i^Q dsclQrystion wss ?iot m/xds to thls the accused himself has admitted in .$ of the Cr.P.C. that the deceased and house of Leela Bo.i where video film itexamination of this wi+nass nothing (tft^y^) XI-HC-22 3^ '<<l<<l<7t<l, »'cfl«'l<»,RlCllMy sn^r^r f^-ti+sn^T shHi°hHf?g' ShHI* ije1»> »w Hltlrtl Sfi*IK*» 3T1^7T1<ath ^.^^. W( 200f 7 RI'<I<A sn^r??gTWBfer stdined has besn elicited that 'RiTs iflli accused and in order to imoiiciii' cgairiSt the accused. Moreov^i combor'ated bv the fcct thd'* recovered under Ex.P-6 at the the msmorof.dum Ex.P-5" gsven the F.S.L. reoort, was found Therefore, it is estabiis!t cnd true oral dying deciesr-ation t|. As far as the second fPW~-4^ h(xs stcxtsd In his syld^ Santosh went to attend the cal and when he A Ram 5ingh wer^ pond, the accused & ths dec' Thersafter, thay were going tj Santosh raised screoims, when Santosh was ivina in in lured co) Therefore, the accused was wci<ri^>.init n^d he'. di<nift^srt^ed 'i~rf—"-"f:''t conduct of the accused is adm' Evidence Act, 1872 that he w< from the oiace of occurrence. the accused reaardina his disapD. +l<((d41-) ITTtRff ff fec^' rfSffZR ^SI^q-sn^T itnsss has any gn'wosity against the I'a him in a false case he has deoosed ', the above dying declaration st&ids the knife, weopon of offence. was istance of the accused in our-suance of by ths isccussd caid this knifs, os psr with blood. led that the deceased made voluntcry efor'e Sampatia! (PW-4). :ircumstance is concerned. Samoo.ticl [sncs thst hs. citonQ with Rs^si^ah &. of nature, ths accused foilowed t'lem attending the catlof nature near the tassd were sittino ne-ar the we'! cinc! iwards the village. Ali of a sudden, |iey rsjshec! towards h'im they saw tho.t yition and the accussd was not tnere. |with the deceased just before ths fron1 ths siccs of occurrs^cs. this Issibie urider Section 8 of ths Irsdian with the deceased and he rcn away No exD!anation hos been offered by ifearaoc&_ (-ft^^r) XI-HC-22 3II^T^T R-ii+an^r OTWdfScT 'WTBSISit i^gSCT m 3^ -ifl'illcl'll, (S^'IS, (ats1l<4^< *TT((C(T 9i<n«h OT^Trwach _..&...A.-.^ai g^ 200 [ Rl'<i«d 3n^rg?gw:gf??r Ls'dmsd GQUMSSI 'for tH< evidence of fhis witness Sanloat therefore it was not possibie fc|r I+ is true t'hat this 'tVitrli that there wo,s dark night ans) frcm ths. pl2C£ whsr^ tHsy we^ stated that he saw the accuse<( of this witness is to the exted- deceased went to attend the them, and thereafter, the rlal. (PW-4), there was dark nia'nt, this witness to see the cccused. ess has admitted in cross-examincrtion it was not possibie for thsrn to see '£vrsshino thsir hsnds. but hs hss y1,2t sTabbina the oeceased. The evidence |t thct he ulong with Ramsingh and the ths wsH, und whsn thsy hs.arcl rushed towo.rds that side, th.s! To this extent, the evidence of Learned counssi for ti orosecution has not been abl^ cnme. It is trus that ~he prosi wotiye for commission of crim< one ot t"e strono circumstana witn the crime. 8ur, in ccses connecting the accused with tl sffsct the or'osecution case. qirafepfrr WRff ir'tecil-rf^sn: ^iSrf^lTSTT^r appe.iiorit ergued tho.t as pe-r the- ca!l of nature. -rhe accused foliowed accijsed a the deceosed were sittinij necr the screams of decscsed Santosh they accused was missing from 1+!a~ piace. i-his witness PVV-4 insoires conficjence. ' ^e c^3pe!iant a!sQ argued that •rhe to establish any motive behind the cution has no~ come forward with any ;. If motiye is estabiished, th.en 't is ',s cgoinst the accused to connect him hfhere *he"e is leqal clinching evidence |e crime, absence of motive does not (if^y^) .>.f XI-HC-22 sn^T^r f^iwsn^T sb4i+(rf?c( ti i^i' 3:5? '<41<lld<4, »}Efl*ri6,Rc1IU'4,< wwiravmw 311^1 '<acb ^&.A^^. R'o< V^ 200^ aTi^rstgrercnfer Learned counse' for thel t'he evidence of Dr. L.L. Ma"ka>( banian of the deceased, the} sto.bbinq of the deceased standl It is true thiat the docttsr has ss;id so, byt if we look into the ssizure tn£mQ (Ex.?"6) 6'f ths cateGorically mentioned that on| was a cut hoie corresponciing t^ ''rhs sbove docun^c.r't, th% docto1 bsnian of. the deceased becorri avidsncs of Sampatlc! (PW-4), 'ncident, the accused & the d witness aiong i.'vitii Ras'singh r' was T'issing. In the circLimstar^i was oresent with the deceased ha immediateiy disoppeared disappearance from the Dlace ofl A^ ''fa^ os thB thirci c; evidence of J.P. Kathote (P1 Investigating . Officer, the a4 memoraridum Ex.P-5 and he irf weaoon. OT offence. in the kitch =hl^?cf<fl-f WRTT' ^ fs^S <f«l<-d;l< El; srfwT sn^T Bppeiiant fyr'tf'e" argusd +hat as per dey (PW-5), he did not saw hoi®'n the 'efore, the case of the prosecutio" belied. clQthss of ths dscscissd. it hexs bssn shirt <& baniycn of the deceased there stomach of the deceased. In yiew of •'s evidence that he did not s-iw hoie cn Iss insignificant. Therefore, from rne 'it is estabiished that just before ths feceased wers togethsr and vAen ~he stab injury was causea' to dsc^ased Santosh, he raised screams, this fecchsd iftscr S-'sntosh or1d ths. c.ccus^d ices, it is esto.blished thct the accused just before the commisslon of crims, nd has not axolainec e! IIS occur'rence. 'cun^stsficc is cos'ic^r^sd. cs QSF ths rV-8), Assistant Sub Inspector and |cused whiie in poiice custody gave Iformed tho.t he had kept tne S<nife., fen aar'der! of his ho'jse. he can aet -he ('f^y^-) i'ffl XI-HC-22 3^ '<4i.i<i<i<i, »Tflwi6,(siciiyy *m¥(TShHlth sn^r'Taw Rl'^ ^ 200 3TI^T?iT R-li* 311^1 <t)Hi<ti (rf?!T •3n^?T?^[Twnf?a' 'sbi'Mtyfl-i *iit«iTffte<^<.Ri«i< ^iarf^iTan^T so.ms rsco'/ered and in pupsua"^® seme was taten into possession) the knife was examined by &r'| that it was possibls to cause stomcch of ths dececsed, with report, the knife wss four.d "ecovery of knife at the instdnce stained with blood and as cer k"ife connects with the crime i of dtsintegration of b!ood, blooc) kiifs, but, if the fsict that the doctor's svidence, coutsisd w' taken toqeth.er, it estabiishes recoysred at ~he instance of tH the crime in auestiori. Thersfore, if ali *he aboi i.e. (i) oral dyino dscSaration mdd 4); (2) at tha time of commissiol') ^T —^a:rlp'.r-p.^.^p.rl rf^rl l^is'. ni^nnt^ffh ~"~"*rrr*' the accused; and (3) the weapo() was recovered at the instant involvement of the accused and that the gccysed was the authoi ;e of that, he qot r'ecoyered the knife, under Ex.P-6. As is mentioned eariie", L.L. Markandey (PVi/-5) who has said.i,i |the injury, which was present on ne ' he knife in question. As per the F.5.L. Istci^sd with biood. Thsrsfors, ths of the accused. same was found doctor's opinion, recovsry' of the h guestion. It is •'•rue that o'fi cccount iroup could not be oscer+ained on the iiood was found on ths knife caid if the other circumstantia! evidance are that the knife in questior! which w'as e accused was ussd for con'missio" of e three circumstances tGken toqether Je by the deceased to Samoatlal (PW- of cr'ime the accused was in compa"y ;hpsd. which hcxs HQT bssn sxDJci!nsd by of offence. knife. stainad with biood fce of the accused, same establisi'i lan irresistibie conciusiori can b®draw!'! of crime in the ouestion. (^y^) KY1 ' " XI-HC-22 w^r^r f^WSTI^TT sh*<i<»>HfgtT SflW^i 9 33' '^l'illd'M, tfAwis, I'Krtl'Hy HWWI Sh*<lt»> 3T1^7T^a^; _..Cs-?.:4,.' •/•TR; 200 ^vs STI^T g^TRR Hf^tT ,'hsrstors, to th's sxts?1' the accused with the crime iii iltegality or infjrffiit/ and the sajne Mr. Adii Minhaj, leawed| thct the pr'osecution has m* accused behjnd the crime ond record that the accused 'and thers v,as only one inlury', as s[ -0 estabiish intention of tiie acdi On the other hend, Mr. State/rescondent suQS'orl-eG tht Thsre is no direct evidt on the evidende t, finding of the trial Court connecting gusstion does not suffer f"om any is based on legai evidence. counse! for the appe!lant aiso argued been abie to estabiish motive of The aiso there ;s "o evldencs availcbte on the deceased had any ani.mositv and A.3. r wsapon ussa ana o.'cice OT rf~'e ths preserit case, the accus^ deceased on stomach cbove thfe intsstine of the deceased ccml even the srna1) intestine was al hsxif CL" hour of ths injury. T.^ safeiy be inferred that the ad intention to cause death that i; sadiy weapon like knife, that which F-esuited into immediot^ Ebl<<tcl<fl'l t||l1dT^'tecfl<,Rl<n;|i, ^sri^irsn^T :h, The prosecution has not been ab!e lused to ccuse the death of Santosh. Mishra, learned Panei Lawyer for the ^ Jueigment of ths tplaj Court. :hce r'egardinQ intsntion. Zt can be je ayajlabie on record i.e. kind of the >ogy whe.re· the' injury was caused. In ^.d used knife and he atracked the fe umbiiicus as c resuit of which smail out from the ounctured wound and 30 punctured, and Santosh died within Isrsfors, froiTS ths csboys fQcts. it CQT, jcused assauited th'e deceased wjth an why he uttacked the deceased with c \oo or, the vital organ of ths deceased A clsath of the deceased. In the ( , ,t "1 '. 1 \ . ' • ;.-..:.^i-: \. (<ft^y^) Wl ^ ^wv"1 XI-HC-22 3S? •<ll'41cl<L, ESTfl^f'ie, Rlcll+fy 3ii^?( vacb ^.^'.^i «n»idish*<i<*> V^ 200 ( )? SIT^T^iT R-ii+sn^T sbti t(f?a' Sbllti isoma ^y 4J° i" 3n^T?^tRK(rf?(T circurristances. intentlon ot th^ wi-rder of Santosh. In the resuit, we do not is !iabie to be dismisssd ond it i^ Sd/- L.C.BHADOO Judge tfil'illrt'ifl-l ^l^c<T^te<^t<Ri<'i;l< ^isrf^iTan^T accused wcs writ large to coiT.mi? the ind cmy substance in this appeal, same •'' hereby dismissed^ Sdf- V.K-Shrivastava judge ('ft^^f^) i;J!