•^Sf^iT R-ii+ sn^r ShlwHfltt ,j 3^? •^l'4tet''<.,^T!1wis,Riw*i3< (IWC»1 SttKltl 3<i^i;i *4atf ^co^.M^^.Wl; 200o Rfc-d HIGH COURT OF C3HATTISGARIi AT BILASPUR CRIMINAL APFlEAL N0. 2643 OF 2000 DIVISIONBENCH: Appellants HGiNl HQNl 2. Stati. Presence: ffir. Atoliav Tiwari, eoun Mr.U.N.S. Deo.Addl. P O RA L lllt This appeal is directe< aad order ot' seiiten.ee da' Additional Sessions Judae. B, <*il<4td41-l 41Ucil'fftet^<fa<dl< ^iStf^lTSn^T SHRIL.C. BHADOO, & 8HRI DHIREHDRA MISHRA, JJ Balraiu, son of Ramchatidra, aged 36 years, ,, Sonabai, W/o Ram.chandra, aged 57 years, • Sumittra Bai, W/ o B^iram , aged28years, ' ssidents of -village Parsuli, Police in Devri, Disttt. Durg,M.P. <' Versus The State of Madliya Pradesh. >el for the appeUants. iiblic Prosecutor for the State. UUD GM EBTT |April2007) agaiust the judgBieut of conviction sd 12th October 2000 passed by jlod, Distt, Durg in Sessions Trial No. ^,^ •„;'/ ^..(•fl^^t) t^ ^ gtf XI-HC-22 3sg'^)l.!|lyiq'^®Tl'iwi<E,R!("iwy. HTWII sn*<i«n 3ii^?i M5i<ft „^^a^Mk.s W( 2000 Rfca^ +i<<(i'f'in-< WRrf ff te1^' dSresR ^sri^Han^T 292/1999 wha-eby fhe learEJed Additional Sessions ;Judge after holdiug tlie acciised/appeUaii^s BaJram., Sonabai aud Suniittra Bai g-aUty midei' Sections 302^ 34|, 12 OB, 201 and 498-A ofthe Indiaii Paial Code, seiitenced each .o|f them. to uiida'go imprisonm.eut for life, ioiprisoBinent for life, se|/en years' R.I. aiid tl-u-ee years' E.I. respectively. Case of tlie ^i, iu brief, is th.at Devlabai (since deceased) was ruarried to a^ Sister of DCTdabai nam.elv De+kunwar was inarried-iu fhe villaae Ornia. Out of th.e wedlock Shambhu was about 9 yed accused Sumittra Bai as his s cused Balram. twenty years back, of accused Balram. and Devlabai. Devlabai gave birth'to one soiji nauiely Shambhu (PW-12). Wlien r^' old, accused Balr'am. brought wond wife and out of fheii' wedlock one son namelv Kailash wai( boru. Accused Balram used to quarrel wifli Devlabai. Sumit|tra Bai also used to quarrd with Devlabai. Beuig fed up wifh ft).ese quarrels, once Devlabai went to hei- sister's residence at vUlagel Parsuli afta- 15 davs. Iii tiie betweeu accused Sumitti-a Devlabai went to her parental days tiiereafter Jagafraai (PW- Orina and tlien came back to vUlage year 1997 som.e quarrel took place aiid deceased Detilabai, on wliieh |iouse at viUage Gunderdehi. Eight p), broftia' of Deidabai, brouglit her at village Parsuli where De^labai disclosed to Jagatram. th.at accused Balrara used to beat went to Guiiderdelii and infl iier, On 1.5.1999 accused Sonabai km.ed Jagatram. tliat; Devlabai is .(Iftt^A) XI-HC-22 r' 7S •<il<)ie'ti,S^WSa. ^Gfff.^-^M-^ . 200 o 4>wfri41-f t)it<dYifte<S'<Ri«xi< SisiRtiTsn^T t^tll^ giIIRifflgd missuig sia.cc tlie night of Thi] ha-. On 2.5.1999 accused c .rsday, she has come id. search of onabai lodged a missing report (Ex.P/23) iti Police Station D^vri to. tlie effect th.at Devlabai is missmg sitice the mgtit of 29.4|;1999. On 7.5.1999 S.H.O. Police Station Devri Mohd. Fai-han (gur'eshee (PW-15) registered First laformation Report (Ex.P/24) ar(d duruig m.vestigati.on the brotliers of De^dabai suspected fh.e niuijder of DCTdabai, on wliich S.H.O. Mohd. Farhan Qureshee (PW-lp) uiquired froin accused Bakam. On 8.6,1999 accused Balram ^ave menioraudum. (Ex.P/S) to the effect that dead body of Devlab^i is'buried in. tlie Idtclien garden and Qrnam.ents' of Dewlabai hah^e been concealed in fhe house, pursuant to which accused j Devlabai i.e, gold ear tops, big r ^ot recofvered the oraauieEits of ^ose ruig, one pair of silver aaklet, Ex.P/ 10. At-the mstaace ofthe] pit, dead body of Devlabai was d one sllver chain, one silver rin^ of foot finger (Bichchiya) under accused Bah-am afta- diggiug the diurued, there were clofb.es on tlie body, silver hair pui & head) haics which were seized under Ex.P/ 11 and P/ 12. Headhairs ^fDevlabai stuck in ttie door fram.e of the house of acciised Bah'am.,|were seized under Ex. P/ 13. Ttie dead body was iden.ti&ed'by Jag^tram, broth.er ofdeceased and b;/ Mohan, Purushottam. (PW-4) identified the clothes, ipieees o^ Ex.P/ 2 aad Ex.P/ 4 were given to| linquest report (Ex.P/ 1) oii fhe| lExecutive Magistrate C.K. Sahu nd Jagdish (PW-9). They also baiigles and hair pin. Notices the Paachas before prepai-ation of body of .deceased De'\dabai, by 1 (PW-1). Dead body of DCTdabai " j ^ ..^ .}.:'(<N^Rs2t) i.a i- !f XI-HC-22 an^r^T R-li* 3fI^I Sfl1 ?l1^T 'sss^spfJvpf, wS\ww^'c'\wy. @ 11»<WIS»*11<*) 3liSi<?l4a<!n ^.z.4.'<.2 •t (i»«<* *^ • t «*•-*•«•*^2000 fcl<)«d 311^1^-WWflfel -4- was sent for postuiortem. Meslu'a(PW-ll) aiid-Dr. R.K. 4 body of deceased 'Deyiahai, ,, Qureshee seized flie bones o| conipletion of uivestigation d accused persons Balrsun, Sona^ Judicial Magisti-ate Fii-st Classj case to the Sessions Judge, D| Sessions Judge recdved Uie ca; 3. Prosecution ui order to ej persons exaniuied 15 witaesi persons wei-e recorded under ^ th.cy denied the inaterial prosecution.evideiice and stat< been falsely iiupUcated in tlie tliat he does not know ani'fhuig 4, Learned Additional Sessi respective parties and after pi sentaiced tlie accused/appeUar 5. We have heai-d Mr. Abl behalf of accused/appeUants Prosecutor for the State. exatiuiatio cbi<j[ci41-i Ki*<cfTfftecfl'<Ri«]< ^ari^ir SII^T imation under Ex.P/15. Dr. S.K. oure conducted postmortem on tlie tivestigatuiR officer Mohd. Parhaa deceased under Ex.P/ 17, Aftei- .ai-ge sbeet was filed against the •ai aad Suinittra Bai iii tlie Court of Balod who ia. turn coniinitted the -irg from where leai-ned Additional oii traiisfer for trial. -- .tablish charge aeainst the accused :s. Stataaieiits of fhe accused sctiqa 313 offhe Cr.P.C. in wluch ippearing agauist fliem iti flie U that they are uinocerit and have rime. Accused Bah'am. had stated labout Devlabi. bns Judge heard counsel for flie t-usal of the record convicted arid Its as a&rementioned. jay Tiwari, counsel appeai-uig on ind Mr. U.N.S. Deo, Addl. Public KSs ('N^f^) XI-HC-22 SII^TW iR-fi+SH^T SbH Bl?tt SbH i.s.3:.'•.-•:••—;'3-;:-r<^^^_. ^ ' 3^';9131cra',^3BCl<»i.J9Slw3<....... .. ,.....,. /" . 3ii^i »<att»'7.K^:.•:•-.;;•;-1'--'.-. ' . ,. '' *ii*iCTia»*<i<t> ""'""" ^^ 200 •Rre^ 311^1 ^WIWBfStT -5~ 6. Having heard counse] judgment offhie tiial aud tiie for the parti.es, we have perused knaterial avaitable on record. 7. Mr. Abhay Tiwari argiiii| to establish fh.e chai-ge of cd the accused persoiis;. He fur| to establlsh fhe charge underl only ofEence under SectLon accused Bah-am. He also ^ record to coruiect accused cruneui question. _ ; 8, On the other 1-tand, M judgment ofttie trial Court. 9. In tiie present case, tl against the accused. persons question. The whole case res1 as per settled law in or' circuiiistantial evidence as ha m.atter of ia fhe matter of W.B. reported ui (1994) 2 SC must satisly the foU.owin.g test (i) ftie cu'cuinstaaces sought to be dr; .estabUshed; +W[cl41-l KIHI;lTfftecA'<Rl'K;K ^Sff^ITSn^T :d fhat fliere is no evidence on record nspu-acy aad niurder of Devlabai by |li.ei- argued tliat fhei-eis no eyidence Section 498-A offhe IPC, at the most ' 01 of the IPC is ruade out against jrgiied th.at tha'e is no evidaace on Suirtittra Bai and Sonabai with the ". U.PT.S. Deo, supported impugned lere is no ocular or direct evidence connecting them. with. tlie critae in. |s on ti.ie circumstantialevidence aiid ller to rest con'viction based on ^ been lield by fhe Apex Court ui the •hananjoy Chatterjee Vs. State of |C 220, the cu-cumstaiitial evidence |froin which aa. inferen.ee of guilt is |wn, inust be cogenUy and firru.ly .,,.^'f^.^I^) i XI-HC-22 .ss'-'iiiw:, ®'((l^*is,ftMitiy- HTOWI Shli'n 3ll^l ^sicti ^j^f,^.-..M^.. g^. 2ooo Rifc«d an^T^r R-fi* 3I^fT aitfi<ofl1^I aitfiti (ii) ttiose circunistaiict unerriagly poiatm.( (iii) ftie circum.stancesl 1f f.1 chain so com.plet'4 conclusion that wit was coBiinitted by (n^ tlie cu'cum.staa.tii conviction m.ust explaiiation of ait^ guflt of flie accuse<| be consistent wiflil be in.consistent wifl 10. The prosecution has tr the accused persons based on Devlabailwere (i) that the relatio: deceased Devlaba beat Dadabai par fhe relations betw (ii) that wl-ule in po memorandum Ex of Devlabal as Devlabai'in 1-iis ho °bl<lt?l4lH t<IHdl'?fto^<Rl<r&l< ^sri^Tsn^T :s should be of a defirute tendency towards gLiUt offhe accused; taken cunlulattvely should form. a tb.at fh.ere is no escape froru the hin.' ail hunian probabUlty fhe criiiie he accused and none else; aiid evidence in order ; to sustain be coniplete aud iiicapable of otber hTi'pothesis than fhat of ftie and such evidence shauld not onlv th.e guilt of the acciised but should li his innocence. :d to estabU.sh the charges against ttlie folloi.vine circunistances: is between accused Bak-am. and not cordial as accused used to |icularly after bruaguig Suiaittra Bai, fceu fhe two worsened, [ce custody, accused Balrani gave P/8 regat'duig burying of dead body B.SO concealuient of ornaaients of ise, .'(•tey^t) l^ n XI-HC-22 sn^r^r R.fi+.sn^r sbHWflfN' sbtiqi iSi 'SS '•^WS9,wS\W ^ KTwri shiitn 3ll^<fl <4at»l ^^;^:Mt^,. W]; 200S Rres 3T1^?T 6tfl IW Irff^ri •9- (iiij that accused . (Ex.P/23) uiUie of Devlabai. 11. As far as first circuinstd has stated th.at fhere was d Balram and deceased Desdal were caste out by the society. Devtabai, has stated that Balram. 20 vears baclk aad o^ of four years. namdx Sliam.bi years back Devlabai had d| brought accused Suinitta-a B; that accused Bah'am. com.in.it disclosed about beatuig by otl^ on account of that her sist< house at viUage Oruia and c, days. After one aiid halfyear, Balram. has thi-eatened to GO] his sisfer De\'labai at vUlase infonued him. that Devlabai is she m.ust have been Biurderei called him and bodv of deceas' iardcn of Bishal. PW-12 Sh< deceased Devlabai, has statei =bi<jtci<11-f xiud) fftecA<Ri^i< Siari^irgn^r nowmgty gave false mformation olice station Devri regarduig luissuif nce.is concerned, PW-2 ,Karialiaiyalal )ntin.uous dispute between accused )ai, flierefore, tlie accused persons PW-3 Jagatram, brother ofdeceased Oevlabai was niarried with accused |t .pf'fheu- wedlock th.ere^wasone son LU. He has statedfh.at sonie 12-13 IsGlosed to him fhat accused has as his wife. She used to coniplaiii maipeet with hei'. She had also ^.er accused persoiis. 5-6 yeai's back Devtabai had gone to his sister's lune back to vUlaee ParsuU. afl.er 15 DCTAabai inform.ed him. that accused im.it her aiurder. He weut to leave Parsuli after eight days. Sonabai Im.issing, onwhich he suspected fh.at i]l. On 8.6.1999 poUce station Devri |d DCTlabaiwas found ni the IdtGhen, tmtohu, son of accused Bah-am. and fh.at when his niofhet': was alive he ,:,..; ;:.-3;{'N^ ) '-] KK- 1 1 1 1 1 B XI-HC-22 -1'~..,....- 3^.5037^^ ®T(ki'il,_R«w3<' 3TI^T 4SI<t> (fTOWI SBHI€n.^x.fi.-.M'^: "g^ 2000 f^% •aln^rw ^i*3n^T sCT1ct»yi?CI 3fTT^T?¥cTTW: °bl<ltd4>^ ><|t)dT ff teA <Ri«i< ^si^ffsn^r went to viUage Orma to residel fhere wifh. liis aunt as his fafh.er Balram used to beat.him., there|»re,his mofher DevlsLbai had sent him.to his aunt's house at viU4ae Orm.a. His fafher used to beat '.'I him and was not 'wnUing to set him educated. Wliile'he was m. Oriua he heard fb.at bis m.0fher back to viilage Parsuli where aft was niissiag. Thereafter, he cam.e ^i' a month he was iaforBied by the police fhat his inoth.er has beeQ|buried ui the kitchen garden after committuig m.iu-der.. The dead 1|iodv was exhunied from. ttie earth. Therefore, froin the above evid^nce^of PW-2 Kanahaiyalal, PW-3 |i,'it is estabUshed fhat-relations Jagatram. and PW-12 Shambhil between accused and' deceased Bah'aiB. was ta. tlie habit of M after aecused brouglit accused house as bis wife where acc^ residitig. Deulahai were sti-aui ai-td accused |atkig Devlabai, wbich aggravated puintttra Bai an.d kept.her tu his lised Bah'am and Devlabai wa-e uivestigating officer Mohd. Farh 12. So far as second cu1cumstau.ee is conca'ned, the |an Qureshee (PW-15) has stated ithat wl'ule in police custody ac4used Balram. gave m.emoraudum. |Ex.P/8 regarduig body of deceas|ed Dedabai as also ornam.eiits of IDeviabai aiid at the instance ol| accused Bah-am, fhe dead body vas exliunied aad the saruewa^ seizedunda- Ex. P/11, Accused Salram also gave irdbrBiation th^t tlie orn.am.en.ts of deceased i,e. riligs, nose ring, auklet etc., Jiave b.eai concealed in.: Uis house ;ot tlte sam.e recovered und^r Ex.P/ 10. The accused Balram •r .•;.:..,!(<te^^) N XI-HC-22 •sf- —•- SII^T^T R-ii* 311^?T ShH df^(T »Wfi 3^'^fpTicig,WN'is, KiciKiy. imcti sh*ii<t> 3TT^?T Ha<t» .^..A.^laW^ 2000 Ri<i«d gave particulars (Ex.P/ 15) of t| liim at the ilistaiice -of fhe acct spade and Dhamela at the iasti head hair of deceased were sefet in the door frame of the housei possession under Ex.E/ 13. PW| has stated that at the uistanG^ was exhunied after digging th^ aiid Panchaiiama Ex,P/ 1 was stated tliat on 8.6.1999 he wen| kitcheii garden of fafher-in-la^l Ex.P/ 4 was given to Inm whicl^ pornon. The bodywas exhum.et (Ex.P/5) was prepared which meino (Ex.P/6) regardin; prepared by Tehsildar. Pancha TehsUdar, PW-5 Sllivkum.ar evidence and has stated ttia1 exhuiaed after ciigging the pil cloth.es wei'e taken ouf. Pancli bears his sigaature froui 'B'to sign.atiu'e from. 'C' to 'C' porti articles were recovered at the Exs. P/ 9 aiid P/ 10, Panchatiaj bodywas exhumed, was prepa <*>i4fi'f*fl-i t<iKdTffte^l'<Ri«]< ^i3rf^lT3n^T clotbes ic iticident which was recorded bv .ised. He seized one bicycle, rope, nce of accused under Ex.P/ 9. Sari, ;d under Ex.P/ 12, Head hair stuck 6f accused Balram was takeii uito 1 C.K. Sahu, Executive Magistrate of accused Bah-aiu. putrefied body pit, fhere was a sai-i 6i~i the body prepared. PW-4 Purushotta.m. has alongwitti SHO, P.S.-DCTi-i iii ftie of accused Balram where notice bears his sigaatureft'pm 'A'to 'A' aftor diggmg the pit, Paiichanam.a )ears his sigaature. Ideatilication taken out from. the pit, was narua Ex.P/ 1 was piepaied by the Ihas also corroborated fhe above body of deceased Devlabai was from. whieh stiiiking bones and ^iiama Ex.P/ 5 was prepared which P' portion. Ex.P/ 1 also beai-s his |on. Spade, ornam.ents and otlier ibstan.ee of accused Bab-am. under pa. (Ex.P/ 11) ofthe pit from. where •ed by the police. Clotlies seized ;^t) >a:- XI-HC-22 lOT^T^T Ri-iieb sn^r Sb*<i«tidf?cT ^ ^3f 'Wy\gl^'STSjiVi'16,Kwvyf. ii*iCTii.h*<i<ti 3ll^?l >4si<t» ^^^.^M^W^ 2000 Rre^; STT^T ?wi<y'<. tiT^ci !"- froia fhe place where fhe bc| possession under Ex-P/ 12. body was exhuiaed ia. his pr,es| petticoat, hair pin., were tak6 Devlabai aad fh.e saine wei'e s signature from. B'to B'portio] (liscredit ftie evidaice of these regarding recoyery of body of and ofher articles, therefore, il form. of bones, sari etc, as recovered at Uie uistacrce of aci dy was exhuiued, were taken iiito 'W.-9 Jagdish has alsQ stated that aice and the bones, clotlies, blouse, a out wbich belonged fo his sister sized'under Ex.P/6 which bears his The defence has not ibeen able to witiiesses by cross-exam.iEiiug them. Pevlabai iii fh.e forin of bones, sari is egtablished Uiat thebodv iti the alfco tlie ornaiaents of Devlabai were ;used Balram. : 13. The bodv of deceased Defc cloth.es seized from. fhe pit frojn fhe instance of the accused TehsUdar has stated that on station Devri, identi&cation o: ornain.ents were correctlv id< Shambhu. At-ticle B-1, B-2 as| D-1, D-2 as BidTjchiyq, ai'ti.cle were identilied. Identification bears liis sigiiature. 14, Body of deceased Devla' cloUies which were recovered frl °hl<lfd41-l l4]wTfftet8<l«ltci< ^aif^Tan^r dabai was identified onj the basis of < . where the body was exhunied at IBaJi-am, PW-10 G.R.! Soni, Naib 7.7.1999 at fhe request of police ornauients was done. The said |ntijied by Jagati.-aml, .Mohaii and |Aiiklet, C-l, C-2, ai-ticleB astops, as chaia aud article F'as uose ring tnenio Ex,P/ 3 was prepared, wbich bai was identified on the basis of \ym. the pit fcom. whei'e tlie body was .,.^'^r) ^ XI-HC-22 3n^T?>r R.fi<ti3I1^T sh»< (lf%(T shHlti "V 3^.:?iraRPT, ®Tl1<'l'!S,.t°l^l*l3<. HTtlMI Sh*ll<*> 3TT^T*4a<ti ^^^,.,M(^....^ 200<0 R<>4, a.n^TB^nwHfttT -It- exiiuiued ui a decoinpDsed CQI^( and 1'aenio Ex.P/6 was prep; uivestiaatuiB of&cer Mohd. Earl 4) who has stated ftiat clotil^i identjfication uiemo Ex.P/6 -?] were identified to be of deceasi stated that based on fhe c| iden.tified and m.etuorandum. which bears his sigiiature froujt basis of ideutification nieinorail Mohd. Farhaii Qureshee, inye^ and PW-9 Jagdish, rt! is establ fhe pit at tlie tastance of acciis] as the same was correctly iden) basis ofsari, blouse, petticoat, alongwifh fhe dead bodv. 15, As for fh.e fhird cireunisl ;ave niissing report Ex.P/2S 2.5.1999 to the efiect that D| niglit i.e. 29.4.1999 whereas A accused Bah-am. the body of de| the pit situated at kitchen Kari is established th.at false uiform.^tion ta the pblice station regai'diiig +i<)ici'i()-) Hi*<cfT^'tecil'<Ri»i< ^iari^iTsn^T liUon at Uie tustauce offtie accused •ed wtu.ch has been proved by flie lan (PW-15) and Purushottam (PW- i wa-e taken out froru ^fhe pit aad as prepared in which tiie clofh.es d Derf.abal. PW-9 Jagdish has also oflies fhe bodv of Devlabai was ;x.P/6) to tfaat effect was prepared 'B'_to B' portion, therefore, on tb.e .duiu Ex.P/ 6 and evideErce of PW-15 tigating officer, PW-4 Purushottam. [shed fhat the bodv exliuined from. ;d Balram. was of deceased Devlabai dfied by fhe above witaesses on the hair pin etc. takeii out:lrom. the pit |ance, accused Bah'am. and Sonabai in the police station Devri on ^vtabai is niissing siuce Thursday Iring investiKation at the uistajace of fceased Devlabai was exhuined froni |en of his father-ia-la-w. therefore, it was giveu by accused Bah-am |m.issuig of Dadabai knowingly the ^..('N^^) ^' -l. XI-HC-22 iSI^T^T RFIWSTI^T sb*tlti!lf?(I 3M •yj'if)s14!^®&j'is,J'lw*'^, 3Ti^r 4!|tt> HIICTI sh*ll<n,^0y.,^.2£^•'V^ 200 R<>«A sn^Tg^iraTBfer ~ / "2. fact fhat after com.niittuig th.t the body iii fhe kitchen gai'deit 16. Learned counsel for UK that fh.ere is no evidence coinniitted fhe niurdCT of DCTAJ 302 of fhe IPC is aot madel convmced by the above accused/appeUaiit for th.e rea^ gave false uiforiaation iu thel VewLahai siiice 29.4.-1999 anc ;ot tlie dead body of Deviab; Idtchen garden of his faftier-i witli clotlies of Devlabai wej diggiiig tiie pit. Moreover, Sum.ittra Bai ai'id keepuig h< betoveeii accused Balram. SLUI started beating D&Aabai, as leave her house aild once we relatives, fherefore, ifcdl the cu unerringly point towards the to the conduct of the accusei m.issuig report of Devlabai aa.( flie bodv of Devlabai recovere( conclusion can. be drawn th <t)l«tfl41-lHIUdl'ffte^t<Rttei< ^aif^Hsn^r niurder of Devlabai he had buried ofliis faflier-in-law. accused/ appeUauts fiirther at'giied td ttidicate fhat accused Balraui ibai, therefore, offence under Section out agaiust liim., but; we ai-e not contention .of couns.el for tiie on that iti the first kista-tiee accused potice station. regardiug.'iuissuig of fhei'eafter durtng invesfigation he recovered at liis uistance fi-om the ^i-law ^uid boiies of fh.e body alon^ ;e recovered at his instaiice after is estabUshed that after bruiguii ^ as his second wlfe, tlie relations deceased DCTdabai worsaied, he b. resLilt of which Dedabai used to |:it to her sister to coniplain to her tcumstaiices are taken together thev tiiilt of accused Balram. aiid lookiiia P. that he knowingly lodged a false tiiereafter, duruig investigation got froni.the pit, the ouly irresistible jit accused Bahram com.mitted fhe .('ft^.^A) ['B •m '..^K^U, XI-HC-22 sii^T.^r R-fi+sn^r sbHlti Hfer SbHltft 3^ •^ll^ciil, ®T(!l<:f'!'6^1°t<niti3< HTtlCfl ShlKft 3<l^?i Ma<t» G<^^.%&J. W( 2000 Rre^ sn^iTWaiWHteT _ (3.. uiurder of Devlabai aad as su< convicted bv the trial Cour1 Sunilarly, accused caused disi order to screen hitaself froml mfQrm.ati.on regarding niissui^ false, flierefore, offence under estabUshed against accused B< h, accused Bah-am has righUy beea unda- Section 302 of ftie IPC. ppearaace of evidence ef offence in legal punishaient aad gave false of'Devlabai which he 'knew to be Section 201 of IPC has also been Uram.. : .7. As far as the. ofEence concerned, there is no eviden.<] accused Bairatn alongwith co| entered into a crimm.al cons Devlabai, fh.erefore, offence u establlshed again.st auy ofthe under Secti.on 498-A of ftie evidence tliat accused beat fh< sustained grave or fatal uijiu|: whereas there is oiily statem|eats accused Balram. used^to beat type of evidence conviction un< be siistained. 18. So far as involyenient of ui criaie in question is concern on recerd to suggest thiat thev •*l<<ffl'in-l WRffffto^t rfSRSTC ^; 3ff^ir an^T under Section 120-B; of IPC is :: on record wliich establishes fhat accused Sonabai and Suiuittra Bai pit'acy t6 commit fhe niurder of uder Section 120-B of IPC is not < accused pet-sons. So far as offence 'C is concerned, fhere is also no deceased as a result ofwhich she |ies which were dangerous to life, on record to the effect that [evlabai. Tha-efore, nierely 011 such ler Section 498-A ofthe IPC caiuiot fcccused Sonabai and Suiuittfa Bai )d, fhere is not CTren iota of evidence tere sharuig comnion uitention with. , •('ft^y^) Bltl XI-HC-22 an^T^r fNN'sn^T giirR;nf5cr g^'SBiTd^, a'diti'is, 3TI^?T tra«h >mpn sh*<i«n Wj; 2000 lcld.d sn^TS^nwflfiff •f4 with accused Balrain to cdnim.it m.1 party to causing disappearanc^i body of deceased. There oiity Sonabai is that she alons station Dewri and lodged niissi the basis of fhis circuinstancel was party to the niurder and because as per.prosecution.cas niurdei- carried tlie dead bodv fhe kitchai garden of his fathet cireum.staiiees it can 6e infern lodged ftie iiiissing report at ti|i Devlabai was niissing from. bis 19. On fhe basis of aforesaid convincuiK aiid clinclunK circu accused Sonabai and Suuiittr; they entei'ed into a eonsptrac niurder of DCTlabai, th.ereafter screen theniselves from. legal Devlabai to cruelty. 20. • In fh.e result, conviction BaJiam. under Secti&n 302/ However, liis appeal^to tlie +l«ifl<n-lKIUl'il ^tec8'<('al«l< AsTf^irsn^T irdei' of Devlabai or fh.at fhey were of the evidence by conceatuig fhe ine cu-cuinstance appearing agauist accused Balrapi went to police ig i-eport Ex.P/23. But, inerely on it is not safe to hold that Sonabai :ausm.g disappearance; of evidence :, accused Balram after coinniittinf < >n a bicvcle and buried the sauie in. •-iii-law. Therefore, {fonl'the above d that accused Sonabai niight have ie uistance of accused Balraui fhat louse. / Idiscussion we do not fiiid aiiy legal, Inistaatial evidenee coiyiectuia the |Baiwdth fhe crime ui question that witti accused Balram. to coininit |aused disappearan.ee of evidence to |unishiuent or fhat they subjected ^id sentence iaiposed upQn accused |4, 201 of IPC are^maintamed. dsitea.t of conviction aiid senteiice ^yt). ^ ~v: XI-HC-22 Sn^TqiT R-ii+sn^r sh*llti tri^iT sh*l fO-ii^i 3:5?'^-l|H)?i<J,s?Tfl<a'fS, Rwi«3< *11*ICTI SWII'O 3ii^l Matti .fiy;.a^^W( 2000 R<)«d OT^T BWltW sfsf „ l^- miposed upon him. uuder Secf coiiviction aad seiitence im.p4 are set aside. '; 21. The appeal of accused.^ Their conviction and sentaicel A aiid 201 ofIPC are set asidc charges. Thev are stated to U stand discharged. Sd/- L.C.BHADOO Judge <»ii<ifc)*n-fHi4i-iTfftec8 <Riwi< ^SI^TW^T ion 120-B aad 498-A is aUowed aad .ed upoii him uiider fiiese sections imittra Bai and Sona Bai is allowed. under Sections 302/34, 120-B, 498- Tbey are acquitted of all th.e above on bait, fherefore, theu- bail bonds Sd/- "'. DfflRENDRA" MBHRA Judge ^ {^^^)