6=^32 '—78 31I^T?ilfyiW w sn^i idii'* ^gq- ><)|<)K>><<, t!>Tn+l<|<o, is|01^y G..A.(0(57/ •WWIT ^KW ....-........--....--...---^.--.•..^ 2003> \ an^Rr'qsra (ipf^g^i) 'CTaiwttosn^i APPELLANT: RESPONDBNT: {Appeal under Section 37) Divisioa Bench: Hon'Ue Mr. L.C. Bhadoo anft Hoa'ble Ms. T.P. Sharma, JJ chi<ii<n<fli Tn1:^f '^T.'fe^ ^r(ii+<^R ^aiRn 3ii^[ Devraj Singh @ Munaa Singh, S/o Haniimaa Siugh, Aged about 32 years, At present 34 years, R/o ViUage Kushalbandpara, P.S. Pandaria, P.S. Pandaria, District BUaspur (CG) Versus - State of Chliattisgarh, Through P.S. Paadaria, District BOaspur (CG) ft (2) ofthe Code ofCriminal Procedure} 11-4-2008 BaJBal1 _ ._ Miss Nirupania)^^ co^iasel for the appeBant. Mr. Sudhir Bajpai, pepuiy Oovt. Advocate for fhe State/ respondeut. 1 Oral judgment dictated] L.C. Bhadoo, J: - 1. This appeal is directed ^ain| sentence dated 25-11-20021 Judge (F.T.C.), MungeU, u^ leamed Additional Sessions i) guilly for comniission of o| sentenced TiJTn to undergo on Dais. ^t fhe judgment of conviction and oider of passed by the 2nd Additional Sessions Sessions Trial No.483/2001, whercby fudge after holdiag the accused/ appellajit IGFence under Section 302 of the I.P.C., ^mprisorunent for life aad pay a fine of Rs.1,000/-, iu default ofpay^aent offine to further uadei^o R.I.forone year. l' '3^3! •^iAii<rt'!<, ^Tfly'Kn, Ritfi^y WE(W g^R--^"-------1--------^ 200 3 an^r iBq; (ipf^^t) ^3 sn^i ?ii Vw* Wl 31R^I sbllti ^'s^^^^^ TOIIW ^lfOT 311^1 wlth driBpsiag Case of the prosecution^ iu bji (siace deceased) was daugh|t Kheltukri, she was married w^th to fh.e iacident and she gqy^ acpused is havine fhree brdfyt of the accused. Kali Bai (P% residiug along with the accij accused is drunkard, fherefo|?e used to object about his beating to her. In the fateful i^ his fanuly membeis went foj attacked his wtfe (deceased comLmotion, Kali Bai, inother of Deepkumari aad saw iajur^ injuiy. The aecused was Mother ofthe accused infonnefd at about 4 a.in. fhat Devraj Deepkumari by attacking wifh| Ex.P-1 m Police Station (PW-5) came to the house of| Deepktunan, based on fhe re] report Ex.P-2 was registered| registered. Pandfcria Tbe Investigating Officer left fo notice Ex.P-11 to the Panchte _body of Deepkuiuari. Clothei <t>l*lf<'l4-1 ^mvS fl Isret <h«ti< '^aiRnaii^ rief, is tliat Deepkuiuari @ Sulochani Bai ter of Ram Siagh Thakur, R/o Village -^th th.e accused/appeUaat 9-10 yeara prior birth to four children, Father of the ;rs. Top Siagh (FW-1) is youngest uncle r-2) is inother of fhe aecused. She was ^sed iu Kushalbandpara, Paiidaria. The :, his wife Deepkuiaari (siace deceascd) habit aad fhe accused uscd to give i^ight, after takiag dmner, the accused aad sleep. At about 4 a.m., fhe accused peepkumari) wifb. a wood. Hearing the cjfthe accused, woke up, went to the room on her head, btood was oozing out ofthe DJdiug there holdiag the wood in his hand. tifi Top Siagh (PW^-1), uncle offhe accused, )% Muiiaa has comniitted the murder of I a wood. Top Snigh gave nierg intimation Top Singh along wifh Kliem Singh the accused and saw the dead body of ^ort given by Top Singh, first mformation aad Ex.P-1, merg intimation was also staddin.; (r the scene of occurrence and after giviu^ >, he prepared iaquest Ex.P-12 on the lofthe deceased were s<si2Ed_uader Ex.P- y '-Kis'^iiT^-vT £rr^ _'' Bl I '<KSHffiu-Ht>—' jy^,. ''N'1^ BJ "1!"*S:;SSIS ,»c 7S31 r^ww^, •siS\w\'c, ^vftw'y, inwrr **it<ib Q3...,..a....i^.Q2. snSsr TWB (iyt-i«i<iti) •W1; 200 "?> sn^i ^t Isii.ti Wff 5ffI^I sh*lit> ^^s^ TCitw^toan^i 13. Body of Deepkuinaari wjas Primaxy Health Centre, Paud^ria (PW-9) conducted post-mort^iu accoiint of haeinorrhage a^,a hqmicidal ia nature. He pre^ared the weapon of offsace, ws|s memoranduin Ex.P-7 given b^ Forensic Science Laboratory,| received. Afher coinpletion of iiivestigati|3n Judicial Magisteate, FIrst Cls( case to fhe Sessions Judge, Sessions Judge received the cs The prosecution iu order tc| examiaed eleven witaesses. under Section 313 of the C| appearing against him. aad lught he had gone to Vfllage receiving fhe irtfonnation rega^ his house. Leamed Additional Sessions parties, convicted aad sentenc) We have heard learned counse^ for the parties. ^ <<iW!<>(iil-< WRff ^f fei^ <f«l«;l< ^sjfinsitei scut for post-inorteiu exaoanation to under Ex.P-14 where Dr. V.P. Jaiswal aad opiued fhat the deatli was on esult of iajury to head aud the death was post-niortem. report Ex.P-15. Wood, seized under Ex.P-8 based on fhe the accused. Scized articles were sent to Raipur fixim where report Ex.P-22 was ^>n, chai^e sheet was filed in thc Court of |ss, Mungeli who ia tura comaritted the |Bilaspur, froni where learued Additional ise on transfer for trial. establish charge against the accused IStatement of the accused was recorded ;t'.P.C. ia which he deiried the material s|tated that he is innocent, in the fateftd jflsbiingaA in order to repair the puinp, .atdiag fhe deafh of his wife, he retumed to udge after hearing coiuisel for respcctive ;d the accused as a&renieationed. gi@fc.,XI^ie—78 ?' .!? .•'^' s'eq' '^i-iii^, giTd'y'is, R|<?'>I'M^< _...^.fl.:. tlWv\l tbMlcb WI. 200^3> an^r tR'si; (4»i[-i«i<ti) 311^1 ?il i<;-l W sn^I aiira ^^i^|E;E^jl 81 ^aiwofeisii^t Miss Nirupania Bajpal,-leame4 fhis case fhough fherc is no 2), inother ofthe accused, other witaess, Kali Bai Itas inetterial to connect the accuseld counsel for fhe appellaat, argued that iu e^idence, on the fateful night, Kali Bai (PW- wa^, present in the house aiid there was no Itumed hostile. Therefore, fhere is no with the criiue ia question. oftb.e On fhe ofher haad, Mr. Sudhjr supported the judgment offhe| Ip. Top Singh (PW-1) is uncle ia PoUce Station Pandaria, he| aad has tumed hostile. In fl about the deafh of Deepkumaiji. 1JL. Kali Bai (PW-2) has stated ia] about 10-11 p.in. her soi Deepkumari & two children w^ 4 a.m. when ahe woke up aud that Deepkuiuari was lying she iafonned her Dewar. In the fateful uight her son left iu| but he did not disclosed her| returaed at about 6 a.iu. Th( statement that ia the feteful order to tepair the pump. de^d S. There is no material on record of the accused in the house in -Qnlv cvidcncc availablc about <*ll[l"l41-) tll^cff'if.'fe'Zt <(i|t{K ^siRpTsn^i Bajpai, leamed Depu^? Govt. Advocate trialCourt. accused who lodged fhe report Ex. P-2 has uot supported fhe prosecutioa case ^ct, he was iaformed by Kali Bai (PW-2) |her evidence fhat ia fhe fateful night at Devraj' Siagh, her daughter-in-law |nt for sleep after taldng dinaer, at about (ffent to fhe rooin of Deepkumari, she saw 1, her son was not at the residencc and c|poss-examination, she has stated fhat ia |the night itselfto get the puinp repaired, as to which viBage he was goiug. He accused himself has also stated in tiis [uight he went to Vfflage IQshiingarh in which conclusively establishes preseace ]the iright when the crime was comautted. 'tiis prcscncc In Ihc huusc--was~KaIi Bai, a.HC—i sn^i v\ K-fi'* W Sft^S stihiti !i!i£•';»;;'Kg!S»! Soma S'EST ^ww^, ^wi's, ^i^wy. _.....Co...,...d.,...io02./ inWW ~?KW.....—.-......-...••••••---.-'•y---g^200^ an^r iraw (ipt^gti) TCIRIT ^lfel 311^1 tfac ttlat niotberofthe accused. Inheif after takiug dinner the accus^d in cross-examiuation she has| appeUaut, had already left Except titus contradictory evi^a on record to connect fhe ac4: accused hunself has stated Other persons are fhe person^ after fhey were informed abo^ hostile. In the circumstant conclusiyely fhat the accusedl coiBtnitted. Therefoie, findiugl for commission of offence sustained. Ip. In the result, fhe appeal is alltj upon the accused Knder Sectic|n. acquitted of the said charge. since 2001. He be set at libeijty case. Sd/- L.C. Bhadoo Judge *i<il<'i41-i TVf^i^fs^S <fa<$i< ^; affin 311^1 1 exaBunatioii-ia-chief, she has stated fhat 1, his wife & children went for sleep, but stated fhat Devraj Singh, the accused/ house in order to repair the pump. ^nce of Kali Bai fhere is no oflier evidence 'used with the cruuie iu question. The he went to repair fhe defective pump. who came to the house of ttie accused ^t the crune. Most of tfaeiu have turued ;es, fhere is no inaterial to establish 'was in the house when fbe criine was of the trial Court convicting fhe accused Section 302 of tfae I.P.C. cannot bc untler wed. Conviction aad sentences unposed 302 ofthe I.P.C. are set aside and he is The accused is said to be in detention forfhwifh, if aot requu-ed iu any other SdA T-P.Sharina Judge