:fg ”I W W b.in 200 mm (W) WWW ’1%€”IW $a1‘kmaném mmm CRA NQ 148 Q1? 2902 APPELLANT R0033 Sai, 8/0. Jagmohau, aga 60 years, rio. Gram Duggi, RS, Khadgawa, lMstt. Kerk/a {CG} VSrsus‘ RE$POM3EET Stata oi C.G.. Through RS. Khadgawax1, Distt. Kox‘iya (CG) 4%??EAL 3NDER $ECT§l€$§§ 3?4§2} 3E1“ THE CREMEE‘AL ?%QC}I§DEJRE CQDgi} EEVESEQN BE§JCH HQEW3LE SHE LilEEAQDQQ «2'. £5 H€)?§’ELE SHE ’E‘.E’.$E€ £§§A,J. Prassnt: Shri Praful Bhazat cognsei far the amscellamt Shri D.K.Gwairs, Aéditioilal Pubiic P;osecutc.:r for the Siam. @RAL JUEGMEE'T £22“d\ February 2008} The following judgmsnt was Lieiiversd by L.C.?bha&caoJ J : This appeal is {11'recte'J‘ agemst ‘dm judgmeat of coaviction and 0111a" 0f sent€11C€ dated 15012002 pa$S€d by tha Aaiditional Ssssions Judgé Manlegdrag rL, Distt. Kmiya ii} ST. N0. v-6j2001 whareby tbs learned Ss:%sions Judge C ‘t€1~ haldm'g the accuSagii’appsEani guilty fog? commissioza of ma effcincs undar i 2. (lax of ths prosecmiea, i inciéent, ac usai/ appdlant d€CEaSed}, Hir011dia Bai axléi l {zonhi} and randi. Baing aggnk wgmen, at about 9.00 a.m. accusad. NiraSo Bai cailed the hm as is why h€ is Saymg E16 agcus€d, I a‘gpe. 1 2mm out c ant c ai’iacksd Niraso Bai with €116 ‘ She s'usfained' mjuly 0n th€ healing the Gammom‘ea, Che who waS grazing bullock at S( other-$42M in injumd cog: * a r€aft€r he start making s to taks Nirasc; Bai to ’{lm hag} succumbed to tha izljuiies. Statien Khadgawan and ledgi ina'mation EXP—6 of tho it Iogis’ion‘ng tho offenco under for ihc sceno of occuxrcnce and aftcr giving notico EX.P~7 to the panchas, pyoparod inquost on tho body of Iiraso Bai. Booy 1 oi+~ aA bu n brief, is that, pm'or to tho dato of used to say NiraSo Bai {since vianiaro (a, Chowkidalin as somsross vod, Nixaso Bai along with 0mm“ two wont in from of rho houso of i116 accusod out of his house 21ml aslieci ~ as sorceross and randi on which + lo :f tho houso carryixig axo in his hood, axs 0g hor oeck, as a rosult of which iieck emd foil on the ground. On in Singh,. son—in—law of Niraso Bal, )mo clistance camo thoro and saw ‘nis lition. Ho £00k her to tho house and a. angemont of a bullock cart in oraor Jital but in tho meantimo, Niraso Bai Chain Singh (P.W.-3) left for police 36L rspoi‘t Vida MVP—5 and gavs Merg Lcident in tho police Station. Aficr Soction 302 of tho IPC, ihc 8H0 left W 3%:W, Wan—(a:,W W m. E 200 m w fam‘a? amia; 311%“ m (W) man Hf‘aa 31m WW % 111w? Wiw mm i.- Saction 302 of ths IPC santsnced him to uzzciargo impyisonment fm“ Efe and to pay a fme 0f Rs. 5 )0} —, in dafault 6f gmymgnt of fme £0 furthsr 111*}{1ezg0 additional mpn'sonment for thme months. am$ WW (W) mafgam .ob— WW wm €5a‘faqm pos‘i Niraso Bai was ssat for Govennnent Hospital, Khad§ conduc‘tml The pGS‘a mox’mm : mortem examiiia’aion to t; e. awail Where Dr. 0L. Barman (REM—1) and opined illat the death was 6:1 e io shock {h€mgrrhage) 211d nauxxm of daath was homicidal. H6 notical ‘ihat QR? was t1€iseci wouod oo iefi upyer ieterior of ches‘z iii longitudmal dimction 5" 10mg spiadle shaps. Them was diffused bleedmg presant. He preparqd pest mortem report EXP—1. Siemes of tbs éLeaaasmi were seizgd 111C161" EXP—8. The axe ii} questiml was ssized from the accusad undar 'x.P— 10 which was sent for docior’S opinion Lmder EX.P~4 and :16 gave big rspoxi EX.P~2. He opinad that th€ injury found on the axs in quegtion. Plam soil agd. blomi stained soil was soizod from Site pEaI: EXP—11 was were seat for chemioa} examination to the Forensic Sciezlce Laboratory, Sagar from where re§3ort was received umier EXP—E3. After completion of ihe inveeiigan’onv, charge sheet was filed in {he Coux’i of Judicial Magis‘irate Firet Clase, Maileodragarh, whd ‘ihe ylace of occurreoce wider EXP—9. preparoci. The seized amides in turn commi’aeci the case to the Sessions Judge, Disti. Kozi'ya £10131 where the learned Adciitiooal Sessions Judge} Memendragarh, Distt. Koriya received the case on Hoosier for trial 3.‘ Prosecutioli, iii 0rd r to establish the case againsi the accusedgappellaxlt, examiiied as 3 i WI. m .yi 200 o body of Niraso Bai was caused by the many as eight witnesses WW,W,W mm 1T1 200 WW (W) mmm 39H m WW§WW kmm WWW 318 of the Cr.?.C. m whic}; he éeniai irh€ mateiial gzgpwkring agamSt him and stamd fhat ha iS illaOCEnt aim h€ hag 13(3611 falSLiEy impJicamd 3'11 me mima in qtm stion. 44 beamed trial Court after healing counsal far the rsspactiw §a1*d€s, c011vict€d 33d ssriéncad rim: accusad] appéEajlt as afaremientiomid. 1 Bharat, counsgl for the app6£ant and Shii D.K.Gwa}re, Additio a1 Public Prosecutor for {11$ Smt'c. 5. W6 hams hard Shri Pr 6. ». Leam€d counsal for 1:11 accu$edi appellazit haS 110% disputsd ‘Lhe homicidal death. of Nira o Bai. M9r30V6r, PAM—1 Dr, O, L, Burman has stated that on L lst Juiy 2001, when ha wass working as Assismt Surgam 1‘11 ma enmlent Hospital, Khadgawan, he conducted th€ post moriem n thabody of Niraso Bai. Th€re was incised wound on the left u per intsrior of chEst in longitudmal dimction 5” long spindlE s ape. There was diffuser} bleedmg present as a result 0f which Had, mid 8s IVth ribs of the left side were fractured, left lung was also out aild the cause of death was hemhorrage. 1113711137 was ante mortem in nature. lts report is EXP— 1. The above medical evide 'D ( ‘ , is corroborated by the evirleoce of P.W.—5 Hironclia 8i, P.W.—7 ladra Kunwar. They have stat d that in their presence, the P.W.—4 Maoiaro @ Chowki n 1 v e d WW, WWI—qr, W o WW (W) WWW -§¢_ wm$$§r m ‘ mmiwm %S?Taq3?lé¥r 7. A5; far as the complic crime in queStion is cancem‘ .has not arguad. on that po§ Chowkidaiizl, RW. ~5 Hiron pressnt on T116 scexm of 0cm have categon‘cally stated accussd/ a§psllani Roop Sai, calling them as. sorcere accussd/ appdlailt came 0111 hami, attacked Niraso Bai / injuzi65. accused; apydlant attacked the dgcaassci with axs th€mfora it is establislmd mat the death of Niraso Bai was homicidal in nature. .ty of the accueed]appellant m the :d, leamed counsel for the appellailt at also because P.W.—4 Mamaro @ iia 811d P.W.—7 lniira Kunwar aver-v Lm‘ence at the time of incident. They Niraso Bai called 1n front of hie house as to Why he is es azld randi 011 which fhe side the house, holdmg axe in his as a result of which she sustainec‘: W m E 200 fhat when 8. In the cross examination of the Witnesses, the defence has not been able to elicit any circumstance which discredits me testimony of these three witnesses. Moreover, the axe was seized from the accused] appellant ané the Doctor has opined that the injury found on the body of Niraso Bai would be caused by the axe 3’11 question therefore, in estabhshed that the accusediappellant attacked the deceased with the axe in question. evidence, it is View of the above WW, m,%?smgf W m W 200 mam? (W') am% ‘ mnfaam WWW %@W_ ,g, V aaamém 9. Lsamed counsel for tha appsllant argued that in fact the deceased invited the problem because deceased along with three others namely P.W.‘-4 Maniaro Bai, P.W.-5 Hirondia and P.W.—7 Indra Kunwar Went in front of the house of accused/appellant Roop Sai and she. called him to tell that out of them, who is the sorceress, whereupon me used/appellarlt came out of the house and attacked her Wi theraxetmThe‘deceased enraged and provoked the accused/app Wx‘ and there Was no intention of the accused to cause the death of the deceased. Therefore, odence under Sec on 302 of the IPC was not made out again st the accused] appellan . 10. On the other hand, rl D.K.Gwalre, leamed Additional judgment of the trial Court. h Pubh'c Prosecutor supported 1 1. In order’to appreciate e argument advanced by the counsel for the appellant, we have arefully perused and considered the evidence of these three witn sses. P.W.-4 Marxian) @ Chowkidarin has stated that on the fat day when they were Working in the kitchen garden of the accu edjappellant, he came with the axe and attacked Niraso Bai the neck as a result of which she sustained injuly and in pa 5 she stated that it is correct that Nnaso Bai went to call Ro Sai from his house as to Why he is calling her as sorceress and should tell, to whom is he saying as .. .. . .. c e I e e ‘ o r o ‘ e W mm, §?l 8116‘ , o WW in 200 Wm (W) WWW WWW Wwm WW§§€TW aaaimm sorceress. in har cmssj exa accused] appallailt arid Niraso 12. Bed calkd than i1} th€ kitche Sai and also callEd him (Roop hand, attacked Niraso Bai VK which shc succumbed to ichs me. 1im€ of mcidcnt, thcre wa accuscd. She succumbcd to t' accuscdj appiillant. P.W.—7 Indra deceascd, has stated that o: who was also present with the 13, Kunwar. 1 the fateful clay, Niraso Ball called them at abcut 8.00 21.111. anal} said that Rcop Sai is saymg them sorceress and rcmdi, “we WILL mina‘iion she also stsjed that the Bai ussd to abuse each ofher. go arid ask him as to why he was camng them’as scrceress" at this, accused/appekmt Roop Sai came 011‘: of the house amd atmcked Niraso Bai with the axe as a resuk of which she sustaixxed mjury and fell on the gmund. Thereafter, her son in law came aild took her to ‘Hle house. In the cross examination of this Witness, he has stateei that the accused neither said sorceress to hger nor guarded with her, He has fewther staied that it is mcoliteet to say ihat Niraso three of these witnesses reveais that on tlie fateful day, Niraso Bai along mth E Bai abused the aceusediiappellant. The scmtiily of ’Lhe evidence P.W,—5 Hirondia has statecl that on the fateful day, Niraso a garden of accusedialspeHant Roop Sai), he came out holding axe in his ith axe on her iieck as a result of injuries, it is moorrect to say that at s altercation betweea Niraso and. the 1e injury i3: the kitchen garden of the i WW, ®? H1 adW Wm m 200 WWW ammm mmm mwiiwm *aifw‘anéa WW (W) 013mg“ ladias went to wor accassdl appallaila SE16 a$k€ a11d as}: Roop Sai as to why waS isading them. Th€r€aftsr, acousod/appollallt, shs callod i116 accused saymg that he $h0mo 3 § ioE ”£16m as to Whom is he in the ki‘ichen gazdsan of m6 m6 Other Witnssses that let us go he is calling 11mm sorcamss; emd Sim me? Wéin in frog: of the house of {115 calli‘ng soa‘ceress 031 which accuseai camo out of 1he houso, canying axo in his hand and atmckod Niraso B& on his nook 0:106 as a rssul‘i of which sho sustainsd fatal mjuiy. The ribs were f; died. 14. > We are of the coaside: ed opiilioil that the above amt of the ' deceased i1: the ordaqaxy coutrse of nature, in axly maiuler caramt tack the othey eerson for tee reason asked the accused as to wh‘v he is _ Whom is he ca‘li’ng as sorceress arm axe and attacked :he cleceasec‘a. S&1e was amnless Lady ami there was 110 occasion for accused] ainpellemt Resp Sai to attack the lady‘ provoke a pereon so as to a1 ihat they weat and sim‘gly camog them as Sorceress anc randi, he came out wim the actured, lung was also cat god she far as the mtention of the 15. As accused; ap§e§1c 11 is coe1cem1ec1, the intention caxl& be. gafhered from the 11am} ‘e of the wéapos used, the pazt sf + F4 ”body chosen where the attack was made and the force with WEhich attack was made, the accused attacked her with the axe 011E the vital part of the body as a resuit a§wan% $ ammm Suguna ofwhich not onlV the libs W5} and Niraso Bai di€d spontam accusai/ appeualrt to causs d 16. For th€ fomgomg mas< infirmity 1'31 the judgmemt of t‘ legal, dinchEg axld admiSsili of mmit, is liabls to b€ dismisscd and it is h€r6bv dismisssd. ‘ sal- ' 1&L.C.BHADOO , Judge 7, ~ ‘ "’/‘ Sdl- ‘V ' T.P. SHARMA I adge ‘e fractursd but the lung was also cut :ouslv. Therefore, the iatent'ton of the aath of Niraso Bai is a writ large. ms, We d0 net fm& any illega£ty or he trial Court. The same is baSed on 1e evic‘aence. The appeal being devoid /{