F XI-HC—78 •5^3( ^|<M|^, ^^'KS, (s)^l^<; CtP 'qp?^ '^^TO "^ 200 3?r^?T ^r^ ( ygl^q^T) <3^T ?FT f<rli.eh ^^3TI^T $h^i<=h '^fTW ^rf^T ^TI^T IHGHCOURTQF CHHATTI8GARH BILA8PUR CRIMINAL APJPEAL HO. 1047 OF 2001 DIVISION BENCH APPELLANT HONlBLE SHRI L.C. BHADOO. & HON1BLE SHRI DHIRENDRA MISHRA, JJ RE8PONDENT Present Mi'. V.P. Gupta, c^ Mr, Ashish Shuklli ORAU (28 Per L.C. Bhadoo, J This appeal is directed order of sentence dated 18. 1C Judge, Ambikapur in Sessior w<ii<n<i1^ HW^S ^ft^ <Rn^i< ^3?^H^T^T Kondaram, S/o Sukhu, Caste Pahari Korwa, aged 35 years, Occupation Agriculture, R/o Ladua, PoUce Station Shaiikargarh, District Sarguja, Ambikapur (C.G.) Versus State of Clihattisgarh, Through fhe Police Station - Shatikargarh, District Sarguja, Ambikapur (C.G.) lunsel for fhe accused/ appellant. i, GA. for the State/respondeat. JUDGMENT th June 2007) jagaiast the judgment of conviction aiid 1.2001 passed by III Additional Sessions |s Trial No. 133/2000 whereby learned Additional Sessions Judge aftjsr holdiag fhe accused/appeUant guilty, XI-HC—78 3^'^PTT^T, ^Tfl'y4!^, [s)^W^< r% ^INdl ^iNlcb ^ 200 '^i^r^if^ii^ ^i? ^T^T ^R'W ani?r "^^ (^t^?^) I^?^R °^fi^3iii^r for coiamiittiiig the m.urder o| miprisonjaiait for Ufe. 2. Case of the prosecution, residiag in fhe house of deceasjed of Qodnia. As the cattie sp4 Godma, he rebuked the accu^< when the deceased along wifh accused attacked the deceasedl died on tfie spot. At the tmie aad his daughter woke up. Th^y dcceased caught fhe accusedj accused after throwing fhe axe reported by PW-1 Naiikai'ami, station Shankargarh whereu^on re^stCTed. Based on that, registered for coxnmission of th< The uivestigating officer after for the sceae of occurreace anc bodv of deceased Godma. possession under Ex.P/7. Tl Ex.P/ 8 froni the place of occur^ for postmortem exarD.iaation to| under Ex.P/ 10 where Dr. J.Kuji prepared the postmortem repoj cause of death was shock and (Heart) aad CCTvical region. Si ^wf^Rh 'WT^ °£|_ii^ ^^?f^?3R?^| Godma, sentenced him to undergo n brief, is that accused Kondaraai was Godm.a. He used to graze the cattie ^Ued the crop of tomato of deceased ?d aiid on account of that animosity liis family, was sleeping m his house, 1 with axe, as a result of which Godm.a uicident, wife of ftie deceased Godm.a witaessed the uicideiit. Wife of the at fhe place of occurrence but the ^n the spot, ran away. The matter was ]brother of the deceased in the police Merg intimation (Ex.P/1) was Information Report (Ex.P/2) was offeace under Section 302 of the IPC. notice (Ex.P/3) to the Panchas, left prepai'ed the inquest (E^.P/4) on the aiid plaia soU was takea irito ]|e axe m question was seized under teiice. Dead bodv of Godm.a was scat Prmiary Health Ceater, Shan.kargarh i|ir (PW-12), couducted postmortcm aiid i^t (Ex.P/15) ia which he opiaed that |eoiorrhage due to iiijury to vital organ. Ite plan (Ex.P/ 11) was prq3ared. After First gl1"lg Blootistained XI-HC—78 ~3^ -qiqi^'4, ^xn'y41<o, ici^l-M^ ^Wdl *NI<sb W!, 200 '^^T^Tl^N ^^ ^T^?W^^ 3TTit?T "^51^ ('^i^f^S^) 'i€J?W^^>^T^I conipletion of uivestigation accused/appeUant ia the Co^ Ainbikapur, who iii turn Judge, Aoibikapur froni wher< recdved the case on teaasfer fd ^hai'ge sheet was filed agamst the irt of JucUcial Magistrate First Class, the case to the Court of Sessions learned III Additional Sessions Judge^ |r trial. com-itiitted 3. Prosecution ia order to exammed 12 witnesses. Statetnent Section 313 offhe Cr.P.C. in agamst hini iii the prosecution) aad has been falsely im.plicate4 4. Leai'ned Additional Sessibns respective parties convicted ai|Ld aforem.en.tioned. 5. We have heai-d Mr. V.P.I the accused/ appeUant aad State/ respondent. 6. Mr. Gupta, has not dis Moreover, PW-3 Khuleshwari); daughter of fhe deceased res] accused Godiaa used to resid< sleepuig ia thdr house, wheii up and saw fhe acczised agai4 above ocular evidence staiids Dr. J. Kujur (PW-12), who ha^ "^i^ferih '^R^ff '^,fe^'^l^c ^3tfaH^!^l rtabUsh flie charge against the accused ofthe accusedwas recorded under ^hich he denied fhe iiiaterial appeai'itig evidence and stated fhat he is imiocent iii fhe crioie. Judge^ after heai'uig counsel for the sentenced fhe acczised/appdlaiit as Gupta, counsel appearuig on behalf of Mr. Ashish Shukla, G.A. for the buted the honiicidal death of Godma. PW-4 Somaati, who are wife aiid |ectively, have categoricaUy stated fhat with them, in tiie fateful mglit he was ^e attacked Godma with axe, they woke attackbig the deceased with axe. The torroborated by the medical evideiice of stated that he conducted postniortem. XI-HC—78 tLi 3^'^TRT^-, ^Tf1'M<l<o, {s|0Wy TJTO^IT WTR? •^ 200 3H^T's?^^ (4^I^<^) W^T ^T '^ra1 ^^1 ^I^T'^Ri^' |on the bodv of deceased Godma jshock aad hemorrhage due to ii3§ jwin.dpipe. Death. was hom.icidal i|: locular auad niedical evideace it is Pioraicidal m. nature. i^i^R ^^ ^n^T jand opined that cause of deafh was iijguries on the ribs aiid cuttmg of the i|i nature. Therefore, in view of above ^stabUshed fhat death of Godm.a was othfe" tbe 17. As far as uivolveinent of Iquestion is concerned, PW-3 Istated ia thdr evideace tliat iaj jsleeping with fhem in tiieir hout |mght aU. of a sudden the accuse{i l^ifh axe, fhey woke up aiid si kleceased on his chest and IKhuleshwari caught the accused,! jspot. ThereafkeTy brother of Imform.ed aiid he lodged the repo^ lexaoiuiation of flie above two witil Ifco eUcit aiiv ch'cum.stance which ^tnesses. Moreover, fhe ^orroborated by the m.edical evi-del |stated that he conducted postmol ^nd noticed that (i) fhere was an jl?? on thejaw aadjaw bone was ci ^ize of4.5" x 2" x 2.5" extending jiijury was obUque aiid spiadle ht| |ieck were cut, (iii) there was aa i^i IK 1 on the lefifc side of the chest, as nD 4?8^!d4i^' 'RP^f ^fe^ ife^R ^BifHH^I^I |fhe accused/appeUaat ia crime in Klluleshwaii aad PW-4 Sonianti have fhe fateful night, fhe accused was ^e where tliey were sleeping, ui the started attacking deceased Godma ^ the accused agaia attackbig the parts of the body. Wheii PW-3 |he ran away fhrowiiig fhe axe on fhe deceased PW-1 Naiikaraoi was |t ia fhe poUce station. hi fhe cross- liesses, the defence has not beea able Idiscredits flie evidence of these two of these iwo witaesses is ^ice ofDr.J. Kujur (PW-12),who has iltem. on the body of deceased Godina lacised wouiid ia the size of 3?? x 2?? x |it, (ii) fhCTewas incised wound in fhe ^•om left side oftl-ie neck to the back, shape^ 5th, 6th & 7th vertebra of the ibcised wound in the size of 3.5 x 1.5 a result ofwhich 6th, 7th, 8th, 9th & evifteace XI-HC—78 3^^T •^iNi0^i, ^>T{i<y4i<s, ist<^w^< tTO^TT sh^lcb •?n. 200 3?i^T x^-^ (^f^^?) ' ^it^i ?n'f^N' ^qT"^^T iRte ^^iiw^^^i^r kA<tf itijitnes jzidgo^ent 10th ribs were cut, the above inj4 caused by hai'd and sharp object| we are of fhe opmion that jzidgo^' legal and cliaching evideace. W^ in the judgment of tiie trial Ca\ undah Section 302 ofthe IPC for ifc were aate mortem m nature and Therefore, iiiviev7 ofthe discussion, of the trial Comt is based on the do not find aay illegaUty or mfirmity irt convicting fhe accused/appeUaat ^omiiiittiiig murder of Godma. 8. In the result, the appeal b^ng devoid of substance is liable to be dism.issed and is hereby dism.iss^d. - Sd/- L.C. Bhadoo Judge ^FSferiN T?P^lf ^fs^! lN^$R '^^?RlH^I^I Sd/- Dhirendra Mishra Judge