llllllllillllmllllllll 0000062489 @ RT OF JUDIcATURE Ar JABALPUR mp; $395M NOQ‘MS OF 1999. \I 374(2) 01: THE 000E OF 631mm. 1N THE. HIGH cw cRlMINAL A APPEAL UNDER S$T IO PWCEvJRE. wv—F‘ RAVI @ KI-IANGGEsHWAR TANQL son of Kamlv Tandi, aged about resident of Nakhnamunda APPELLANI ‘z (5W fw/ 35 years, P.5.Paikamal District Padampur Orrisa. (‘;Iersus) The state of Na&xya Pradesh through Ho], ice st at ion imanta'ra i, Ra ipur Dist rict Pa ipur. RESPONDENT ,v w C G‘WICT ION XI-HC—78 WW, §i1mll$, ' .66.§.aA[q~. 1mm aims (3/7 , Ms mE m WW(W> W$rm mmm mmwm WWEWW %ea%nan%$ sen'l-ence da'red 25.6.1999 passed b) Judge, NDPS), Raipur in 5.T.No.20 Judge affer- hoiding ‘rhe accused/up under Secfion 302 of fhe I.P.C. for 4 senfenced him fo undergo RI. for defaulf of paymen? of fine f0 furthe has a!so been convici‘ed under Sectior his wife Sanjana, under Secfion 307/ san—Basan‘r & under Secfion 307 f¢ daughfer-Chunchala alias Ninni and s R.I. for 5 years and 1'0 pay a fine of ‘ furfher under-go RI. for 3 monfhs. T \ Sedion 309 of The. IPC for affzmp" \ DIVISION BENCH : Uf‘kl'n‘ E ! VI I“ AD €TRQUA u HON'BLE MR. LC. BHAQOO Ac. Clé ”gm wee #‘R. SGML .wmna egg. m. i 10. 1 . 2007 lfhe appeiian‘r Mr. MRS. Bha‘ria. Advocafe for Mr. Ravindru Agarwai. P.L. for iihe Sfaie. Heard. Gm! judgmem dicfu‘i‘ed on Dari kin L.C. Bimdoa An. Chief Jus'i'ice —————-——z—-————-—————1 .r a/‘ :M This appeal is direcfed «gains? ‘l'he judgment of convic‘rion and order of r The Addmomi Sessions Judge (Special ‘ 3/98, whereby fhe Addi'riona! Sessions peilanf guiify for commission of offence :ommif‘iing ‘ihe murder of his son Bhara‘i, iife and fo pay a fine of Rs.2,000/-, in r undergo RI. for 6 monfhs. The accused i 307 for affempfing #0 commi‘i' murder of for affempfing i'o commif murder of his ir affempfing 1‘0 commi? murder o‘.‘ his enienced ’ro undergo under each offence 2s.500/-, in defauli‘ of paymen‘i‘ of fine To he accused has also been convici'ed under ‘ring fa commi‘i suicide and sentenced ‘ro RT.O. 'xl XI—HC—78 ‘. .o o ...oo¢o‘. HW;WW,W .oo..owo {IEL 2HDO mww WWW wwmm “7; WW§WW %aqf%tran%$ undergo RI. for 1 year. I concurremly‘ The case of the pmsecL pm. in 1he night Ramapafi Bhc Police Sfa‘rion Khamfami fo fhe residing at Ring Road No.2, N house, accused Ravi 60nd along daughfer Ninni is residing si reiurned from fheir work a? a no? feeling we", on which he i nighf, fhe famiiy members of a accused +ook some biscuii's &. Ravi also wenf for- sleep in 'i-he for sleep along wifh his son Pa iii fhe senfences have been dined-ed fo r'un Wm (W) ifion, in brief, is fhat on 25.5.1998 of abouf 11.30 :rdwaj (PW-12) iodged fhe FIR. (EXP-14) in the effeci +ha+ he along wi‘rh his family members is ear Subbu Engineering Works. Adjacenf fo his wi‘rh his wife Sonjana, sons Basanf & Bhara? and ace lasf‘five years. Today. Ravi and his wife boui- 5.30 p.m., he informed him fhaf his wife is :dvised him To fake her ‘l'o i'he doc'i’or. In fhe locused did nof cook fheir meals, fhe children of swee‘i- wafer made of lemon and wenf for sleep. open ground. He also offer faking his meai wenf on on a cof, whereas, his wife and his daughfer 3indeshwari were sleeping on he anofher cof. Af abouf 10.45 p.m. his wife asked him fo wake up, he wok up and saw fhaf, Basanf ww crying and saying fhaf his fafher has cuf his fhr of, on which he asked his daughfer Bindeshwari fo bring burning lamp. He saw n fhe lighf of lamp fhaf Ravi had already cuf fhe fhroaf of his son Bharaf. d ughfer Ninni & wife Sanjana and fhey were unconscious on accounf of inju . Affer seeing him, Ravi also sfarfed cuffing his neck wifh fhe blade. He i fervened. His wife. daughter & brofher have wifnessed fhe incidenf. Ravi as cuf fhe neck of Bharaf. Basan'i. Ninni and fhereby he has affempfed fo ommif murder of fhose persons. Receiving fhis reporf, fhe Sfafion House O_ icer, Police Sfafion Khamfarai regisfered fhe i P.T.O. XI—HC-78 Wm0oooo9o‘o.o‘oobooooo‘ H1 200 @ mm (W) WW,W§,W mam WWW WW§WW Wa%aan%w ”.3; %31%W3TI%¥T Crime No.129/98, Ief1‘ for- fhe scene of occurrence and arresfed accused Ravi under EXP-15. By fhe fime he reach ad on The scene of occurrencé, Bhamf was already dead, fherefore, he prepared inquesf (Ex.P-19) on fhe body of 81mm? affer giving nofice (Ex.P-18) fa 1+e Ponchos. Easanf, Chancaia, sanjana & accused Ravi were sen'l' 1‘0 Maikhara Hospifal, koipur for ‘fheir ‘rrea‘rmem and examino‘non under Ex.P-21, 22, 23 8: 24, where Dr. Aviok Shuklo (PW-18) examined #hem and prepared fhe in‘ury reporf Ex.P—33 of Basanf, EXP-34 of Chanchala, EXP-35 of Sanjanu and EXP-36 of accused Ravi. The Invesfiga?ing Officer prepared fhe sife plan (EXP-25) of fhe place of occurrence. On query by Sia‘iion House Officer from Dr. Avlok Shukla io ihe effeci' Thai whei'her. injuries presenf on fhe fingers of accused can be caused by fhe blade; .Dr.l Shukia gave his opinion (Ex.P-27) fo "he effec'i- Thai Injury No.3 & 6 described in fhe MLC of accused can be Caused by hard d: sharp objec‘i and Injury No.4 & 5 are caused by hard & blunf objec . The blade was also sen? fo 'lhe doctor under EXP—28 for his opinion and vi e EXP-29 fhe doc‘l‘or opined Thai- injuries sustained by Sanjana, Chanchala at Basan‘l' can be caused by The said blade. Ariicles, which were recovered \fro ihe place of occurrence, & cloihes were sen‘i‘ for chemical examinalion 1‘0 he Forensic Science Labora‘l‘ory. Raipur under EXP-30, from where reporf .P-32 was received. Serologis‘i's repor ExPe37 was also received. Affer complefion of usual in esfiga‘iion charge sheei‘ was filed againsf ihe accused in The courf of Chief Judicial Magisfra're, Raipur. who in 'iurn commii-fed The case io learned essions Judge. Raipur from where fhe Addii‘ional Sessions Judge receive fhe case on Transfer for frial. The i RIO. t x l XI-HC-78 ¢ ..o... .. @ .ooo‘... m 200 WWW WWW wwwm «w WW§WW %sa%msn%:1 prosecm‘ion in order fa esfablish wifnesses. Sfa‘remen? of accused u in which he denied fhe mafer-ia evidence and sfafed fhar his who! iime some unknown per-son came & been falsely implica'ied in fhe cr-im Learned Addmonal Sessim fhe respedive paMies, convicfed .as afore-men'rioned. We have heard Mr. M.P.S. Mr. Ravindra Agarwai, Pane! Lawye Learned counsel for The ac has noi- been able ‘ro esfabl accused/appeiian‘r beyond reasonal members were sieeping in ’rhe c unkncwn person had infiicfed injw The accused/appeiiam is en‘ri‘rled f On fhe ofher hand, Iearne: judgmenf of fhe irial court Having heard iearned coui evidence available on “the file of Tr If is an admi‘Hed posifion residing adjacen‘l 'lo the house ow admi‘l‘l’ed by ‘i‘he accused fha‘i' he c l v .\. fhe charge againsf fhe accused examined 18 ias recorded under Sec‘rion 313 of ”the Cr.P.C. appearing againsf him in fhe prosecui'ion e family was sleeping in open ground, of fha‘l' inflic‘l‘ed injuries on fhem by a blade. He has (u is Judge offer hearing learned counsel for and senfenced The accused/appellm‘i- herein. Bhafia. Advoca‘l‘e for accused/appellani' and ' for ihe S‘l'a‘l'e. cused/appellan‘l argued fhaf fhe prosecui'ion sh ‘lhe crime in quesfion agains'l‘ 'i'he :le doubf, as when The accused and his family ipen ground, in 1he pifch-dark nigh? some vies by fhe blade on fheir neck. Therefore, 3r acquifi-al. l Panel Lawyer for 'ihe Sfa‘l'e suppor‘led fhe 1sel for The par-fies, we have perused fhe al court and fhe impugned judgment 'l'ha'l' on fhe fa‘l'eful “day ‘the accused was : Ramapafi 3hardwaj (PW-12). If has been long wifh his family members was sleeping in P.T.O. \ ,l 3am,®¥iiw,1%lmgt WW(W) XI-HC—78 o o.~oo...oooo. mw,m,1%amg£ o.~..oo. H 200 WW(W) WWW mmm mmwm “$F WW§WW éamm ‘the open ground. Ramapc‘l'i dong wi also sieeping an ‘rhe cof nearby fhe ax wH'nesses namely Sanjana (PW—13) 'é #hey have no? suppom‘ed fhe prose injuries‘ On cross-examinafion by fh #he ex1en‘r Thai accused being hei imeresf. Whereas, fhe Third injureld wifness nome¥y Chanchaia has not been of remaining wifnesses 1‘0 be scrui'inized examined. Therefore, 1‘he evidence are Kaiiash (PW—4) bro‘i-her of Ramaipai‘i, Saraswafi (PW-5), wife of Ramapafi, Pawan (PW—6), son of Ramapa‘ri, Bim PW-12 Ramapa‘ri himseif, who were s‘ieeping in 1rhe nearby area of *rhe p!ac’e:of 1 incident evidence 'Haai' he is residing aiong wiih his broiher Ramapati and family menibers of his broiher Ramapa‘i‘i nameiy Saraswaii; 3indeshwar & Pawan. Ac s‘i'ari'ed iiving in i'he adjoining room a he reiurned from his work a‘r aboL Romapai-i & niece gindeshwari alreai family members were aiso iying in front of their room in open ground. A? Thai Time, his nephew Pawan and sister— r-in-law, he also wen‘r i0 his bed. By The iime he was feeling sleepy, he hea~d commo‘rion, on which he woke up. His bro‘rher Ramapaii also woke up, he e n9, his broiher enquired from him as io P.T.O. th his wife, son, daughter & brother- was "ea. in 'rhis case, fhe ma?erial and injured < Basan? (PW-14) have fumed hos-me and .eufion case excep‘r fhaf fhey sus‘rained a Pubiic Prosecu'ror, Sanjana has sfn‘fed f0 r husband, she is bound To prefect his ieshwari (PW-7), daugh'l‘er of Ramapafi & PW—4 Kaiiash has sfa‘l‘ed in hié cused Ravi aiong wiih his famiiy members bouf 2% years back. In ihe foieful night. Ii 9-9.30 p.m.. by ‘E’ha‘i‘ iime his broiher iy wen-i for sieep. Accused Qavi and his Af‘ier faking his meal from his sisie n-iaw Swaswa‘ii had noi- gone for sleep. some. He saw ‘ihai Ravi was jumpi sked him ‘i‘o bring lamp afier burning fhe g2) XI—HC—78 EW,'W, W . WW m 200 '\ 31mm (W) \‘ XI—HC—78 HW,W,W Q3) WWW wmm mmmm r-§‘v WW§WW éawawém from fhe neck of childreij of ac: examina'rion by fhe Governmem Piec Pawan heard fhe cries of Basan‘f, h asked her husband 1‘0 wake up. aasa: fu‘rher is cu‘h‘ing his fhroat Blood was aiso oozing ouf of The neck of B cu? on fhe neck of 5anjana, Wife of amused. b a fer wem‘ for sleep. A’r ’rhe distance of 81 10 feei', Ravi and his family member were lying and Ravi was si‘Hing. He heard. fhe cries of Basan'i‘, son of accused on which he asked his moi‘her fo wake up and his mofher asked his fafher +0 wake up'. Ravi was Jumping .ai- ‘l'haf Time. Ravi sfarfed cuffing his fhroaf by a Iade on which his mofher raised cries Thai- Ravi is cuffing his Throat fhereupo , his fa‘rher caughf him and in 'i'he lighf of lamp, he saw ‘Tha’r blood was oozing o f of fhe neck of Chanchala, Basanf, Bharaf ‘ and Sanjana. Basan'l‘ was saying fha his father has ca? his fhroaf. Bharaf was siffing, PW—7 Bindeshwari Bai, daughfer of Ramapafi & PW—12 Ramapafl have lso corroborafed fhe above evidence. The defence has noi- cross—e amined these wifnesses on ‘ihe aspecf fha‘r who? "rhey have sfa‘fed regarding? e involvement of accused fhaf he himself was cuffing his ‘ihroaf, whaf Basa f has sfafed fo fhem and also on ofher maferial evidence regarding involve enf of The accused in crime in quesfion. All These wifnesses are independenf wi nesses, “they have no animosi'i'y againsf fhe blood was oozing oui‘ from fhe neck of Basanf. A‘i‘ Thai- ?ime, fhey saw 'i-hai used bioad was oozing out On cross- der, fhis wifness has sfawd fhaf her son e asked her +0 wake up, fhereaffer-I she 1f came and asked fhem To save him, as his was oozing oui‘ of ‘ihe neck of Ravi, blood hara‘r & Ninni alias Chanchaia. There was a Wmoo'oooooooooocooooooo w 200 WW<W> PW-é Pawan has also corro ‘ied fhe above evidence 0'? his moiher & uncle and sfaied Thai his fafher' 5i s no? able fo speak and Chanchala w P.T.O. i " XI—HC—78 mW,m,W o o.oo.o...o.oo..‘...oo WWREW) m$m WWW Wwm WW%‘WW éawm ryx accused, moreover, The accused hims 'rher-efore, if can‘no‘r be beiieved ?hc wrong agains? fhe accused in such a} was involved in commi‘Hing ‘rhe murd his own hear and dears. On ihe oi‘n r hand. famiiy member‘s of accused were sieeping, he was presen‘i There, even awan (PW-6) has s‘rafed fhaf oiher famiiy members of the accused were sleepi g and he was sih‘ing ihere, fher‘efor-e; ihe explanation given by the accused 1* a'i' They were sleeping, in The pii'ch—dark nigh? some unknown person came an members, cannof be believed. There ‘i‘he accused, as such, To The exfeni 1 cui his ‘rhroaf, cuifing ‘rhe 'l'hr'oai' members Le. wife, anoiher' son and c doubt Therefore, ‘ihe offence und againsf i'he accused. As far as fhe offence under ‘, 5anjana, Chanchala & SasaM is conce halo. fhere were four cuf injuries on her neck. 5imilarly, he examined Sanjan , fhere were fwo cuf injuries on her neck. He also examined Basani' and foun fwo cuf injuries on his neck. He aiso examined the accused and found f have also sfa‘ied 'ihaf the accused w evidence suggesi' ‘iha‘i fhe accused cuf fhe 'ihroaf of his family members in order fa commil' fheir murders and is own i'hroai- in order i'o commit suicide alf ‘cuf 'l-he throafs 0f his famiiy member-s, xf fhese wifnesses have sfafed some‘rhing icinous crime in which fhe accused himseh‘ r and affemp'iing 1'0 commi‘i ihe murder of Sec'rion 307 for cuffing fhe Throafs of 'ned, Dr. Avlok Shukla (PW—18) has sfafed ‘i'haf on 26.5.199% he examined Cha inflic‘l‘ed injuries on The neck of family fore, a false explanafion has been given by. if involvement of accused in affempfing foi s of deceased Bhara‘i- and ofher family laughfer is esfablished beyond reasonable er Secfion 302 of fhe IPC is esfablished cuf injuries on his neck. The wifnesses cuffing fhe fhroaf wifh a blade and fhe PIO. XI—HC—78 WW,W,W . WWW-{H 200 WW(W) mam WWW ma%aan%sr WW WW égwm \ .qvr kashan/- and as a resul‘i of neck injuries Bharlaf had died. Accordingly, ‘i‘he accused cui- fhe fhroafs of Sanjana, Chancaic a deafh, as such, he has been righffy c each of fhe affempfs made by him ‘rc & Basan‘r. He himself has qiso am fhr-oaf, fherefor‘e, he has righHy bee In fhe result we do no? find sem‘encing fhe accused for fhe o commi'H'ing murder of Bhar'a‘l'; unde Sanjana, Chanchah & Basam as aiso a'r‘tempf 1‘0 commif suicide. The ap dismissed and if is accordingly dismis Sd/- Acting Chief Justice Basan‘i' wifh an infen'iion 1'0 cause fheir- mvicfed under Secfion 307 of ‘ihe IPC for commif fhe murder- of Chanchaia, Sanjana .mpfed fo commi‘i suicide by cu‘H-ing his '1 convicied under- Secfion 309 of IPC. any illegalii’y or infirmi‘iy in convic‘i’ing and ffence under Sec‘rion 302 of IPC, for '- 5ec+ion 307 for- each of fhe injury fo under- Secfion 309 of fhe IPC for making _ zeal being devoid of merii' is liable fo be- sed. Sd/- SUNILKUMAR SINHA Judge C/i W 2) P.T.O.