J'r^.^......^^^,^._S.^^K..i,£S.^ ^n^r^ ^w^ ^IT W^T ^RTSR- ^-^cf f^Wl<ft^, W^\W\<c, ^I^W^. ^) NINdl *^1<* •""—•""""———••—"""—""""• -^ 200 3Ti^?T ^f^K (J^^^) ^iiy^ ^N^T g^r '^TTW^rf^T 3!TT^T Crim|n^A±fiesdNcL^2Z2003 APPEy-ANT RESPONDENT fepft^ *ii+i<nf "^F fs^ <f^i<^K ^ 3fRPT3TT^T Krishna Yadav, S/o Chaitrain_ Yadav, aged 32 years, resident of Jlalampur Ward Dhamtari P.S. Dhamtari District Dhamatri (C.G.), Versus The State of Chhattisgarh, Through the District Magistrate, Dhaoitri (C.G.) re I..C. BHADOO & DB: HON!B!^8HRI_JU8T| CB 8UN!LK"MAR 8INHA. JJ. HON'BI^SHRTJUST Appearaace: | Shri Anand Mohan 'l|iwari, Comisel for the appeUaiit. Shri Satish Gupta, 4y- Govt Advocate for the State. ORl&L JUDGBSENT 129.11.2007) I..C. BHADOO. J. Heard. The appellaiit - Ki^shna Yadav has preferred this appeal under Section 374 (2) |of the Code of Criminal Procedure questioning the legality|and correctness of the judgment of conviction and order of s^ntence dated 1- Febniaiy 2003 passed by the Additional S^ssions Judge, Dhamtari in S.T. No.429/^2000, whereby the leamed Additional Sessions Judge 3:5£rr^|qi<?i>-q, ^»TOy|(o, R)01<1^< @ 3^?r,SRT f<-tich 'cCT ^w-ft^ ^Rfrr y 'WTPIT (b^lcb' ••^ 200 3TSt^T ^RW ( 4c(^l<^<i?T ) '^RITW^T 3T!^T 2- after holdiag fhe accused/^ ofience under Sectiou 302 <=bi^I<n<fl*i ^w<3il ^F ft^t <F3i^i< '^'^fRpT^IT^T ^ppeUaat gmlty for commission ofthe \)f the IPC for coiiiinittiag niurder of his keep (second wife) naine|ty Kherunisha and also under Section 201 ofIPC and sentenced tc| undergo unprisonment for life aad to pay a fine of Rs. 1000/-, ia| default of payinent of fiae to further undergo RJ. for 1 year aad| R.I. for 7 years aad to pay a fine of Rs.1000/-, ia default of pa^ment of fine to further undergo R.I. for one year. The substan| concurrently. Co-accused ~ Bhudh^ Yadav, has also been conficted for commission of fhe ofience under Section 201 ofthe IP\ years aiid to pay a fine of R\ to farfher undergo R.I. for not preferred aay appeal. Case of fhe pro^ accused/appeUaat had kej^ as fhe accused/appeUaat - tive sentences were directed to run Bai, niother offhe accused - Krishna ^ aad sentenced to undergo RJ. for 7 , 1000/-, ia default ofpayment offine year. It appears fhat Budha Bai has .ecution, ifi brief, is that the t Kherunisha (siace deceased) as his wife ia fhe vicinily ofJalain^ur of Dhaintari. They used to quarrel ,.,( Krishna Yadav used to doubt fidelity of Khemmsha-deceased. Iiji between 24.09.2000 - 30.09.2000, the deceased was sittiag ne^r a hole of snake. The accused asked her to get up, but fhe decea^ed refused to get up, on which, some altercation took place betw|een the two aad accused - Krishna attacked the deceased withl iaside his house. Wheu shel fhe club 3-4 times aad brought her started runniag, he again caught her, .000. ^^^ss^^ ^-^cj ^Ni0<i, y»Tn^'i<s, (s|0t^^< NINdl tb*<Jch' "^ 200 3ir^?r ^ra^ (^fl«i<<T) ^n^r^r Rtii+ ^T3?n^r ^jcb '^nw^rr^^r 2 attacked her wifli club 10-15 becaiae unconscious. Thereaftei) m his house by draggiag he| Thereafter, the accused went t< bofh offheni, in order to screer| hr 'Wi^rf ^F Fs^ ^P»{^I< ^ ^IRPT 3qn^T times, as a result^of whk^h, Kherunisha sustaiaed iojuries 0^1 haad,| head, due to which, she [ accused brought fhe deceased I* aad she died ia the night. > his inofher - Budlia Bai and fhe evidence of laurder, buried fhe body ia fhe kitchen gardei^. of fhe house. On 29.09.2000, when foul smeU started ema4atiiig frpm fhe hotise of fhe accused, inerg iatimation (Ex Dehatinalisi (Ex.P/18) was p3 -P/19) was given by Saatosh Shaiidilya to the PoUce Stati|on, Dhamtari, based on that, epared on 30.09.2000 by the Investi^ating Officer - Shri L.B,^C, Shrivastava aiid tlie criine was registered. The iavestigating d^ficer left for the house of the accused aad after giviag notice^ to fhe Paachas prepared iaquest (Ex."P/3) on fhe body offhe de4eased-Kherunisha. The body was sent for postniortein examiijiation to fhe Govt. Hospital, Dhamtad, where Dr. A.G. (Sheikh, (PW-8) conducted the postmortem aad prepared fhe ^eport (Ex.-P/lS^. He opiaed fhat Khenisnisha died on account death was hoinicidal ia nature, bf injuries sustamed by her ao.d Duriag fhe iavestigation, accused gave memoraadum (Ex.-P/6), fbi pursuance of that, weapon of offence - club was seized undeit Ex.-P/7. The nivestigating officer seized the blood staiaed soil occurrence and sent tlie seized Laboratoiy, Raipur, froin wheil ^nd plam soU froia fhe place of articles to the Forensic Science s report (Ex.-P/27) was received. ^iw^ ^N^ -30,000. ^ .^" .^ \^"y "^^,^.,^,^ 3^'^TBn^T, ^>Tft'Mll<o, fc<<»i>l^< Nl*<dl <hNI<sb' ^T. 200 3n^?r THRR (4<=(I^<^T) ^TT^T^T Vw^ TOT '^<nw^f^T3?n^r Durmg mvestigation, club, shir staiaed with blood were seized. were found stained wifh blood. After comipletiou of the ia^ ia fhe Court of Chief Judicial l^ coniniitted the case to the Sesj leanied Additional Sessions Ju^ ;, paiit, sando baayaa and Lungi As per'fhe FSL report, fhe saine [^estigation, charge sheetwas filed |lagistorate, Dhaaitari, who ia tura ^ions Judge, Raipur, feom where Ige received fhe case pn traasfer. question. The learaed Additional { counsel for respective partie! State. As far as hoinicidal deatU Tiwari has not disputed fhisj Sheikh has stated that on 301 Dhamtari, he conducted fh4 CM^f<rt<IlTl 'RTR^f '^T fsl<1 ^F»i^l< ^ 3fRm 3TT^r The prosecution in. order to ^stablish the charge agamst the accused persons exaouned 13 v^itaesses. The statement of tibie acc^sed persons were recorded under Section 313 of the Code of C3|ixniaal Procedure, ra which they deiiied the material appearing ^gainst fhem aiid stated that fliey are ianocent aiid have been f^lsely impUcated ia the crime ia sssions Judge, after hearing fhe convicted aiid sentenced tiLie accused as aforeiaentioned. We have heard Shri Ana^id Mohaa Tiwari, Counsel for the appellant aad Shri Satish Gi4pta, Dy. Govt. Advocate for the of Khenuiisha is conceraed, Shri fact. Moreover, PW- 8 Dr.A.G. 09.2000 on the onler of S.D.M., postmortein on the body of Kherunisha, ^rhich was identfl&ed by her son, Ahilya Bai aad ^ll^ ;007 --30,000. 3^ST ^TRT^T, ^Tf1-Mjl(o, fst^W^ NINdl tb^lck' -^ 200 3ni(?r TT5RR (4C<^<^) ^n^r^r R^icb WT 31TOT ^b^lcb '^nw^'ff ^n^r cT CM<if<n<<lTt 'WT^lf ^f fs^ ^pyi^K ^S 3TRPT 3TI^[ Dhan Bai. He fouud fhe deceased : (i) There was a iacised w in the size of 1 Ya " x 1 (u) There was a lacerate forehead region. There was reddish in the sizc Incteed wound on fhe 3" x 1" x Va", maggots There was a lacerated head in the size of 1" ^ There was thumb account of pressiag fl| clotted blood ia it. There was fracture in Three teeth were mis^ was found fractured. follo^dng iojuries on the body of fhe (m) (iv) (V) (vi) (vii) |ound on the pahii ofright fhuDib f x l^, clotted blood was present 11 wound on fhe inediaa frontal ! was sweUiag aad colour of iajuiy of2"xrxl/2". jright parietal region in the size of ^yere present ia the iajury. |wound behiad iajmy No.3 on fhe W x Vz". finger inark on fhe neck on |.e saine, fhere was echimosis aad aAd According to the Doctor,| nafriire. The death was as a re^ ±ielower iniddle region. >iag aiid ma?dlla bone of the jaw the iajuries were aatiinorteia ia >ult of shock, coma on account of the iajures, there was haemon|hage, the deafh was homicidal ia nature. In view of the above medj the deafh of Kherunisha was N As far as conipUcity of tli^ cal evidence, it is estabMshed fhat iinicidal m nature. ? accused in the criine ia question ^L is conceraed, ia fhis case, fEiejre is no ocular or direct evidence t, <H'lJ^lJcl —FS/59— 8/2007 —30,000. 3^- ^l^l^, ^Tf1'MII<o, ts|0l<1^< %^^'^/' •:^s%*=^ *41*<dl **11<sb W^ 200 3^T^T f<riicb TT^TT 31T^T sb^llch ^.- 3H^?T X^^ (^qI^qcysT) ^RTTW^f^T STT^T ^ regardiag coiapUcity of fhe | following circumstaiitial evi( (1) That PW-13J- before fhe accused - lady aiid hej the cries of That body kitchen garc] There werel kitchen That blood club were s( In order to connect tU based on the circuinstantiaJI to establish coinplete chaia] matter ofDhanaaiov dleath (2) (3) (4) oftike 220. the Apex Court held tt^at "In a case ba circuiastaaces frora drawn have not onl^ all fhe circuinstaiK conclusive nature hypofhesis of th^ circuinstaiices shoul cbl^fd^l^ 'RPT^it ^fe^ <F»t^l< ^3tRP:T37T^T Chattferiee laccused. The conviction rests on fhe lence : Shiv Prasad Sarwa has stated that of fhe deceased-lady, he saw fhe |Krishna Yadav quarrelmg with one took her iaside fhe house. He heard pie lady ^save savew. of Kherunisha was found ia the len offhe accused. blood spots on wall aiid floor of house of the accused, Istained clothes of the deceased aad jized at the iastaace of fhe accused \e accused with fhe criine ia question evidence, the prosecution is required |of fhe circuiastaiitial evidence. In the vs. StateofW.B. (19941 2 SCC sed on circuinstantial evidence, fhe ^hich fhe conclusion of guilt is to be to be fuUy estabUshed but also fhat ^es so estabUshed should be of a aad consistent only with the guilt of the accused. Those |ld not be capable of being explaiaed ^TT^T ^?T ^n^ H8TT ^TI^?T5FRN5' ^^^Tpn^^^n^, ^psy *<l^dl *<4(eh 3ff^?T ^W (^f^^T) '?^TW^rf^T 3:TT^T ^ 200 °ni<iI<n<flTl ^l^Knf ^f f^z)- •<f^^|< ^3?RPRT37T^T by aiiy other hypothjesis except fhe guilt of fhe accused aad fhe chaio. of fhe jevidence raust be so coinplete as not to leave aay reason^ble ground for the belief consistent with the ianocence c that legally estabU^ f fhe accused. It needs no reminder h^ed circunistaaces and not inerely mdignation of fhe c^urt can form tlie basis of conviction aiid fhe more seriou^ fhe crime, fhe greater should be the care taken to scrutib|iize the evidence lest suspicion takes fh.e place of proof.w First Circumstance: As far as first circziilastaace is concemed, PW-11 - Shiv Prasad Sarwa has stated fl|iat at about 7:00 p.ni., after cleaning the cattie room, he was go|mg to fhrow rubbish ia the field. He heard the cries from. tlie s: froin a distance of 20 ft Ide of fhe house of Kherunisha <tfsave save", ou which, he beca4ie disturbed. The cries were comiag He went towards that side aiid saw Krishna Yadav along wifh ^ lady. Krishna Yadav was askmg her to go to fhe house aad tih|ereafter, the lady aiid Krishna Yadav went towards fhe house. (Thereafter, fhis witaess has turaed hostile, as he has not fullyj supported the prosecution case. Even ou cross-examiaation by ti|ie Additional Public Prosecutor he has decUned fhe portions of fhe statement given by him under Section 161 of Cr.P.C. to t|ie Invest^gatmg Officer that he saw fhe accused attackmg Kheruni sha with haiids aad fists. He has also .-^;:--^%. ' / e^\ ^ tS^^ '^ 7CTT^i<4Ky><<,®Tf)'M<i(o,Rx^wy NWdl tb^llcb' "^ 200 3n^?r xnra? (4<s<^<^) 3?n^r^r R<iicb WT 3?TR^T ' denied fhat he saw accused Kherunisha. He has denied fhe accused sayiag that why he is ^ttackiag Kherunisha. He stated fhat it is also inicorrect to say f4at he saw ffae accused draggiag Kherunisha iaside titie house. H< cries of Kheninisha becaine siled towai'ds that side, fherefore, fc|ased on this evidence of Shiv Prasad Sarwa, which is not co^ent, clear evideuce, rafher fhis witaess has denied fhat hd accused was attacking aad was Kheninisha. He has stated possible that he did not kaow was residmg with the accused. of Shiv Prasad Sarwa, no defini As far as fhis circunistaa< cni<if<n<flri 'WRff ^ ft^t ^R^R '^3TRm37T^T Knshna Yadav attacking suggestion fliat he scolded the has also denied fhat thereafter, t. He did not saw Krishna Yadav saw the accused attackiag Kherunislia. He has siinply state|d that when he went towards the house of Krishna Yadav, Kris^ina Yadav aiid one lady were present there. Krishna Yadav wjas askiag fhe lady to go to the house aad fhereafter, bofh of Ifh.ein went to the house. Even though, he has not identified tih|at ia fact, the lady to whom fhe iskiag to go iaside fhe house was that his house is ia fhe neighbourhood of accused-Krisljina Yadav, therefore, it was not fJie naaie of Kherunisha, as she Fherefore, based on fhis evidence conclusion cari be arrived that io. fact^ he saw the accused Knsl|m.a Yadav attackiag Kherunisha. Secoad Cfa-cumstance: e is concemed, it is estabUshed that body of Kherunisha was foJLind ia fhe kitchen garden of the house of fhe accused. It has be6n estabUshed by fhe evidence of ! 5TTP' 8/2007 —30,000. STI^T ysi ^ich TT^T 'Sff^T $b*licb ^E^ r^ll^l^, ^T{)^<1(0, fct^l^y ^l^dl **<!«*» •^ 200 3^?T-q^F (^lfl<<^) '^nW^f^T 3iTI^T add PW-4 - Aghnu Ram, emaaatmg from the ho^ reported to the PoUce fhe door. When fhey we{i fhey saw fhat the body o\ rubbish, The body was s^ fhe police put a poMcent monmig, fhe inquest oxi>| For identtfyiag fhe bodyj froin Nawagaon, who id\ Khaa has corroborated Dewaiigan has also sta] presence, which bears ShaadUya has stafed house of Krishna Yadav, caine and saw the body and rubbish. PW-9 - stated that in his presen< in fhe house of Krishna same was identified by of Kherunisha, body was Ahilya Bai, Shanti B£ identification memo (Ex.- iaquest (Ex,-P/3) was pr< body was lyiag m the vrno ;ntiaa cbl^ld^l^ ''TORTf ^f,feTst <RI^I< ^^iRpT^n^r has stated fhat a foul smeU was ise of Krishna Yadav. The matter was PoUce came ia the night, broke opeu it ia tiie kitchen garden of fhe house, a lady was found covered wifh dust aad ?en by the police aad doctor. Thereafter, on du1y aad left. On the next day |the body of fhe deceased was prepared. two children and Uncle were called tntified the body. PW-6 - Mohd. Ayub [e evidence offhis witaess. PW-5 - Anup |:ed that mquest was prepared ia his piis signature. ^ven PW-7 ~ Saatosh a foul sinell was comiuig froia the poUce was mformed by him, Paachas' ^falady ia the house covered with dust >,R. Margiya, Naib Tehsildar has also (e on 30th September 2000 at 2:20 p.m. (Yadav, body of a lady was found, the tn ofUie deceased. Based on the clofhes identified by Sher Khaa, Jaoiir Khan, Santosh Kumar, Kriparam. The -P/l) was prepared by him. Thereafter, Ipared on the body of Kherunisha. The [kitchen gardeu, fhe said place was tlfct €^ It ^- %i 1^ :3:5sr ^STFTT^T, ^Tfty^i^, fsi<?i»i.y^< NWdl *Nlcb •••—""•"———••"——•••••—"""" ^ 200 3n^?r xnra? (^[^<{tsr) ^n^r^r1?;rigr WT ^R^l ^ t i}l(ycCl^I '^ffW^n^TT^r )^ accessible to everyone and any1 kitchen garden was open; it w< about 1 x/2 ft. to 2 ft in height. T] body of Kherurdsha was recover^d froin fhe kitchen garden of he house offhe accused/appellaat Third circumstaace & Fotirth circumstaaice PW-5 - Anup Dewaagatt soU aiid plain. soU were seized fr( Ex.-P/S. The same has beeu cor Shukla, Sub Inspector, who h^ rcport (Ex.-P/27), the soUwas f| Brijendra Shrivastava has sta^ 11:40 a.m., fhe clofhes of fhe under Ex.-P/2, He has fiirther was seized under Ex.P/7 at fhe circuiastaatial evidence, the aci noticed foul smeU emaaatmg f breafcing up fjie door of fhe ' ct)l<lf<yl4lT1 TIR^f ^f f^^l ^Fari^K ^fRPT^ff^T Ipdy could go to fhat^place. The fenced with wooden sticks of erefore, it is estabUshed that the as stated fhat the blood stamed ^in fhe place of occurrence under -oborated by the evidence of Lalji stated fhat on 30th September 2000, blood staiaed soU aad pjlaua soil were collected jfroni fhe wall aad floor ofthe kitchen of ti|ie accused house.As per the FSL iimd stamed with blood. PW-12 - ;d that on 2.10.2000 at about Lccused staiaed wifh blood, one terdcoat shirt, one pant, one s^iido baaayaii, lungi were seized tated that fhe blood stained club astaiice of the accused. Now fhe question remajns that whether on fhe above used caa be connected with fhe crmie ia question. It is aa admitted positi|on fhat when fhe neighbourers >ni the house of the accused on 29/09/2000, fhe police was ^nfonned, police caine and after ^house, fhe body was identi&ed, 1 ^/59—8/2007 —30,000. Tsq'^n^T^T, ^»TH<MII<S, fs)<?'>i^^< NINdl tbNlch" "^ 200 ?n^?T ^n^F (4C(^^) 3?n^T^r Vw^ WT 3TR^T ^WW '^RTTW^f??r 3?n^r /) Margi^a pre^ared, gar^ Kl iaquest was prepared. At fhat the house. PW-9 - D.R. identified aad iaquest was stated ftiat body covered wifh kitchen garden and kitchen the saoie was fenced wifh wood^ ft., kitchen garden was open. stated that fhere was aa open occurrence. In fhis connectionl Khaa (PW-6) is scratinized i(i Kherunisha was a lady of free house late ia fhe night aad| returaiag to the house also. visit fhe house of fhe accusedj consuine Uquor, Gaaja at the In view of above fact, it is| a lady of ii'ee uatiire aad all house, where body of conie aad consuine Uquor, evidence fhat aaybody saw Bai. Looking to the place wh^ accessible to everybody aiid locRk all kinds of persons used to v^s used to reside wifh the accuseH Hquor aad gaiija, fhere is no co^ hctuse yiads Kheniiilisha ga4Ja thle >aicm$ vjsit <=bl<lf<rt<ilTl TTTR^lf "^f f^^ ^pyi^K ^'3tRFTW^T 1|ime, accused was not present ia in v^hose presence body was 1, on cross-examiaation has rlibbish aiid dust was lyiag ia fhe ir<jlen was accessible to aayone aad |n sticks offhe height of 1 % to 2 pW-10 ~ Ghaasfayam Yadav has l^iid fix)ni-all sides at ftie place of if the evidence of Mohd. Ayub para. 13 he has stated that ^iature, she used to retura to her soiaetimes, even she was not E|i£Ferent kiads of persons used to they used to play gambliag aiid offhe accused. estabUshed that Kherunisha was of persons used to visit fhe was found. People used to at ttiat place aad fhere is no accused attacking Kherunisha ?re body was found, which was icjkmg to the evidence ofPW-6 that the house, where Kherunisha 1, fhey used to gainble, consunie ^ent, clear evidence to connect the ^ll^cf ^07 —30,000. ^y-^ ^^t "Ml^l<?»<4, «>T{1yll<S, (s|0W^< ^^ssm^^ ^Wv\\ **<|ch "^ 200 ^STT^T ?RT l^ri^T 'cT^TT 3?T^T $h+iich NIN»' 3^?T'q?R? (T!?^5R^) '^ITW^if^T ^I^T )2j cM^I<n<i1i *ii*i<?ff ^f,fe^ <RI<^K ^^tRw^TT^r of Kherunisha except fhe fact fhat the found ia ao. open place ia fhe kitchen .e accused and some blood stained soil, accused with the murdeil body of Kherunisha was | garden in fhe house of plaia soil were found m 1pie kitchen ofthe house offhe accused, Merely on the suspicion,) the cnme m question ai^ does not stand up ta fbi| fhe accused cannot be connected wifh d evidence adduced by fhe prosecution ? test laid down by the Apex Count ia various judginents co^aectmg the accused based on ftie circurastaatial evidence, ^n cnmiaal appeal No.202/2006 decided on 8/5/2007, Sujoy Sei (% SU/OM JS'n Sen vs, State pf WTesf Benflul. 2007(3) case bf circuinstaatial evl 1019 the Apex Court held that in the idence prosecution has to establish fhe cham of circuinstaiices v|rhich iaevitably connect the accused to fhe crime. Even if a sio|gle liak breaks, the whole prosecutipn case coUapses. Though as per fhe |FSL report, the blood was found on the clothes ofthe accused, o4e club was also seized at fhe instaiice of fhe accused, which was| found blood stamed, but there is no evidence fhat blood whicpi was found on the clothes, club was ^. hiunaii blood aad fhat to^) the saiae was matchmg with fhe blood group of fhe deceased. E] regarding fhie date when] 30.09.2000. PW-11 has |^en fhe prosecution case is not definite I fhe cnme was committed. It has been stated tih.at fhe crime ws|s conunitted ia bet reen 24.09.2000 to not categorically stated fhat on which date the accused was s^-yiag to fhe lady to go to the house, •% ^ tf f. ^i.1'-.^^,^ ^, ', h-x^: /-' f^\ 75CT -q|A||<>'iq, ^Tll^^Ko, fsf^l^y NWdl <b*(|cb"'"""""""""""""""""""""""" """^ 200 3ii^?r ^^ (4cl^<<flr) ^n^ff^r R-iicb WT ^TR^f sb^lcb Shyna '5^nW^f^T3^T therefore, the evidenee of fhis v| ofdate when he saw the accusel For fhe foregoiag reasonsj fhat fhe prosecution has not cUnchiag circuinstaatial evideajice the crmie in. question beyorj findiag of fhe tiial Court conn^ ia question aiid convictmg ^iisu commission of the ofience undefr cannot be sustamed, In the result, fhe appeal ^ The conviction aad accused/appeUaat iinder set aside. It is stated fhat fhe a| judgmentie. 1/2/2003, there^re if not required iu aay other cas^ Sd/- L.C. Bhadoo Judge CM<i(<n<Ili HW^ ^f fe<<l <F»i-^i< ^3fRm3R^r |itaess is not dejfinite on the poiat jd wifh that lady. we are of fhe considered opinion |3een able to bnng on record the to connect fhe accused with [d reasonable doubt Therefore^ jscting the accused with the crime ^iim and - nnposiiig sentence for sjr Sections 302 and201 ofthe IPC ^artly succeeds. |sentence imposed upon fhe 302 aad 201 of the IPC are t)pellant is ia jaU siace fhe date of ^ he be set at liberty forthwith, Sections Sd/- Sunil Kumar Sinha Judge ^ra^r ^Nt^ ^ui1^-4, <H-ii^iic< —FS/59— 8/2007 —30,000.