— ./" / / CF0000057734 tf»^» <^»*..nst... IN THE HIGH COURTi-i OF MADHYA PRADESH AT JABALPUR. CRIMT.NAL APFEAL N0 V33(9 Basu © Basudev S/o Ratnu-aged about 27 yrs^ R/o village Jabla, P»S. Jashpurnagar/ Distt. Raigarh. M.P. ...APPEL1ANT D The State of M.P. through : the Statlon House Officgr, Police Station Jashpurnagar, Distt, Raigarh. M.l?. RESPOND;:;NT CRIMINAL APPE^L UiroSR SSCT. 374 (21 OF THE CODE O: CRIKINAL PROCEDURE ,/•' RAJESH KUMAR SONTEKE Digitally signed by RAJESH KUMAR SONTEKE Date: 2025.02.06 12:32:45 +0530 XI-HC-22 ^Sf "Lji<l|ld<U, »-cil<H'l!»,fadl'Uy ^^..Ma^. an^T^ET h-u* an^i ^^[^ W^ ail^T TRnWfrfN ^l^^l^'l <-IH^f'^f^l<!'t -(;r;3T^'i'< ^srfigiTan^T mVISIpN BENCH; HON'SLE MR. L.C.3HADOQ & HON'BLE MR. DHIRENDRA, MISH|RA, JJ 2S.01.2006 Miss Shannila Siaghai, Adv' in Crimmal Appeal No. 1338/94. Mr. J.S. Baraik, Adyocate Appeal No. 1283/94. Mr. U.N.S. Deo, Additioaal i Oral judgment dictated on Per L.C. Bhadoo, J cate for appeUant Vasu i@ Vasudeo for appellnrit Bartbir in Criiniaal ublic Prosecutor for tfae State. Dbis. Crirdiaal Appeal No. 1338/9) @ Vasudev & Crimnial Appeal No. Baa.bir are arisiug out offhe sscmlj bv leamed Additional Sessions No.2.38,/9-3 aad arc rclatmg to fh^ beiag disposed ofby Uiis coimnon| By this appeal accused/ap^ have questioned fhe legaiity of juj: sentence dated 5,9,1994 passe4 Judge, Jashpum^aT in S,T. No.^ Sessioas Judge after holdiai commission of ofFence iiader Sectij: conuiu.ttm.ginurder ofdeceased to undergo imprisonment for iife. Tbc prosccutioii casc, ia filed by accused/appeliant Vasu 1283/94 filed by accused/appeilant judgineat, dated 5.9.1994 passed Judge, Jashpumagar ia S.T. sanic incidcnt, thcrcfQrc, they arc judgment. leHaats Vasu @ Vasudev & Baabir igiuent of conviction and order of bv learued Additioiial Sessioas ;38/93 whereby lcamcd Additional accused/ appellants guilty for ?n 302 of the Indiaa Penal Codc for sentenced each ofthe accused tfie Pilabal bilicf Prabal weat to the house of act .cf, is that on 10.3,1993 dcccased ;used/appeUaat Vasu @ Vasudeo ['tft^^t^ XI-HC-22 •\. 'S^ "Ml^lct^, i:<>'d1y'l<», (qcll'yy sn^i'^n WM s^f ?h-4 -H15<1 snt^ ^raiwc'Hfta qil^^ll ^TiH^ ^ 'feT3t i^f^K ^ ariSg'iT sii^i Iw'here Vasu S» Prabal both had liatoxican.t substauce) aad when Pr; P/asudeo assaulted Pratial wifh. a lt |down aad became unconscioiis, IBaabir also canie there and both thk loutside tlie house of Vasu fS), Vasudif lagain attacked Ftrabal on his head |he died spontaaeously. A report (E^ |PW-2 Maiigna, fafher of decease^. |registenng the case under Ex. P-1 ISection 302 offhe I.P.C. left for the| |fhe Panchanama (Ex. P-2) of the notice to the Pauchas. Accused V^ •ustody gave ineinoranduia (Ex.P-| kept the club, weapon of ofience recovered club (lathfl uiider Ex.P-4.1 also gave memoranduin Ex. P-5 rei wlucli Prabal was attacked and id recovered under Ex.P-6 and fhe st FuU. paiit & T-shirt of accused Bar^bir jn.to possession uiider Ex. P-8. possession at fb.e m.stance of acc^ iayestigatiug Officer also took into p and plam earfh froin the house oj Ex. P-10 and fi-oai the place wher^ tlic stones undcr Ex.P-11. Thc In^i <0 coasLuned Ha&di (hoiue inade '^.bal was going, appeUaat Vasu @ Itittu, as a result of wtucli. he feE. |at that tune accused/appellattt accused/appellaats took Prabal 'o on side of road aild tfaei^ thev |with stones, as a result ofwhich jc.P-1) ofthe matterwas lodged toy I. The Investieatme Officer after |for coiniuission of oifence under scene of occiu-reiice aud prepared ftead toody of Prabal after giving ^su (g; Vasudeo wlule in tlie police P) regarding fhe place where he ^nd in pursuaD.ee of that he got Accused Baubir while io. custodv Irding the stoiie and the club wifh pursuance of tliat tfae club was toue was recovcred uiider Ex,P-7, staiaed with blood were taken lAnother stone was taken iuto used Banbir imder Ex.P-9. The wssession ttie blood staiaed eartli accused Vasu @ Vasudeo under the deceased was attacked wlth cstigating Officer scnt thc bodv of [Tft^ ^fe^ T XI-HC-22 'Svf -^ww<f, fi^\ww, hwvy. sn^r^ii 311^1 stiHi^ -y[?cT sn^r'?RIIW ^ifei -z ^1<41<T1^'T ^HdJ'^ f^t^| <I^'<t^R I? 3lfS(TO snt^T deceased for post inortein. e; Jashpuraagar, where Dr. Sanj postmortem on the body of deces report Ex.P-12, Recovered stones| doctor under Ex.P-13 and the dos were touiid 011 the head of deceai recovered at fhe iastance of prepared the site plaus Ex.P-14 S^ seat to Forensic Science Labora) wheis report (Ex. P-21) was receivep After conipletion of iiivestigslt: the accused/appeBauts iu the <) Class, JashpuEaagar, wlio in Sessious Judge, Raigarh finin ^ Judge, Jaslipuraagar received the The proSecution in order t^ accused/appeUants examined 1 ttion to the Central Hospital, ^y Goel (PW-9) conducted fhe jsed aad-prepared ttie postmorteni were sent for exanuaatioii by tlie |tor opiued that the iajuries wbich (ed could be caused bv fhe stones [tlie accused/appenants. Patwari Ex.P-17. Recovered articles were toiy, Sagar for examination froni tutll learued Additional Sessions aceused/appellants uxider Sectio] deaied the prosecution evidence aad have been falsely inipUcated ij] Leamed Additional-Session^ of Additional Public Prosecutor ab convicted & sentenced each of nientioiied in Para 1 of this iudgi4< ;s(tion, charge sheet was filed agaiast pourt of Judicial Magistrate First comiaitted ffae case to leamed rhere leamed Additional Sessions lcase on traasfer for trial. establish the offence agairist tlie witnesses. On the ofher haiid, Idge rccorded the statements of 313 of the Cr.P.C, in which they |and stated fhat they are innocent the criine. Judge after hearing the argumeats ajid coimsel for fhe accused persons the accused in the inanner as nt. [TT^ ^iS^ XI-HC-22 ^si -^WM^, ^WIfc, hviwy. snt^i^iT TC:n?i'3TI^?I Sh-4|ct) -^f^^ sni^i'^RIIW'fffi?r \+- ^i<<Ici<i'ii *<ww ^ feTst <pi|tzi< ^? srfitpr sn^r iavolvenlent E2fci.£yi We have heard Miss accused/appeUant Vasu @ Va^ accused/appellant Bantoir aad| Prosecutor with. Mr. M.P.S. Bhal Hoinicidal death of Praball As far as the Vasudeo in coinmittnig the Siaghai, leanied coimsel for apl height of room where accused] assaulted deceased Prabal was possible to attack the deceased| evidence of PW-I Ratnu andl accused/appeflaiit has been confidence and is not woith As far as the coTnTnittiag; the inurder of couusel for ffae accused/appeB^ have been taken olace ia the fherefore, aGcused Baiibir has Moreover, froS the evidence of tbat on. account of police har4i witoess. He furtlier argued fh^ PW-4 Railo tfae case agamst acc|i Oa the otlier hand, leam{ with Paael Lawyer supported tb^ Shamula. Singliai, Advocate for ^udeo, Mr. J.S. Bariak, Advocate for Mr, U.N.S, Deo, Additional Public (ia, P.L. for the State/respondent, is not in dispute. of accused/appeUant Vasu i@ ler of Prabal is concemed, Miss jpellant Vasu i©Vasudeo argued that Vasu (2; Vasudeo has said to have fcbout 6 feet and from. there it was not with Lathl. - She further argued that PW-4 Railo based on wliich the convicted does aot iaspire ttie reEfence. involveinfent PraUal ^nt of accused/appellaiit Banbir ia is concemed, Mr. Baraik, learued ^nt argued that tfae iacident is said to |house of accused Vasu © Vasudeo, pbeen falsely implicated ia the crime. PW-3 Lenda it has cotne oa record [ssiaent stateiaent was given by this 't from the evidence of PW-1 Ratnu & ased Baabirwas not inade oyt. 'd Additional Public Prosecutor alon$ judginent of the trial Court. [«^f^ XI-HC-22- ^^r -<iww<f, •s-Aww, hviwy. 3T^T'^T h-i sn^t Sh^li^ -(-ifeT sn^i ^iaiwgfttt -T Haviaag heard leamed apprcciate fhe arguinen.ts advE parties, we iiave scrutiaized the e\ PW-1 Ratuu, who is none e] (&' Vasudeo, has stated" fhat accus accused Baiibir is his nepliew. in the eveniag Yasu & Prabal a (home made iritoxicant substanc aad fhereafter Vasu said let us g<| attacked Prabal with a lathi on hfi tell down. Thereafter, both .the side near Jighar Nala. As a r^ luiconscious, at fliat time both fh|E hands and after soiae time Va| disclosed that Prabal has been. mh wfay b.e has niiirdered, Vasu furty< vou wiU be beaten'. Tfaere was a 4 regafdiag tlie iaud. Thereafter, vicinity to the place where bodyj there were iaiuries on the be^i examina.ti.on this witness has st4l was between Mangna, fafher of ofaccused Baabir. PW-3 Lenda has stated in persons. Ou. the day of Sarliu^ accuscd persons assaulted Prab. coTjiasel +l'!<td41-< 'RTfRff 4 fei3t •rf^TOTt ^7 SlPaiT 3TI^[ for tb.e parfcues iai order to iced bv leamed couasel for the tdence of prosecution witaesses. Ise thaa the fatlier of ac<:used Vasu •d Vasu @ Vasudeo is his son and the fateful day at about 7.00 p.m. tme to his house, asked for Handi B, both of fliem coasuined Ha&di aad when they were leaving Vasu is head as a resiilt of which Prabal ^ccused took Prabal towards south ;sult of lathi fclow Prabal became accused were havinR lathi in tlieir su came back to his house a-nd urdeicd. When he asked 1nm as to irsaid Vou reiaaiu silen't othenvise lispute between Prabal & Kaleshwar ie weat along wifh people of the of Rrabai was lying aud saw that d of Prabal. lu. Para-5 of cross- ted that the dispute regarding land sceased Prabal & Kaleshwar, fafher Ns evidence fhat he knows accused festwal there was a quarrel aud wifh baiuboo lathis as a. result of [Tft^' ^fo^ XI-HC-22; ^^ •-tii^iK'ii, »fl1+i'i<»,'femas1: '\ w) sn^r^r l<-fi?ti sn^i ?hHlct? -yi?ff <:ti|<4i^'41T1 HlH^f ^ fe1ISt <Fii-^[-! ^T3TPtR3IKW which Prabal feB down. PW-4 stated ftiat accused Vasu and P attacked Prabalwith lafhi on lus dowu, At that time accused Bantl lifted Prabal and taken awav hiilu.. aad said that Prabal bas been nntrdered. In vieiv of the above evideilce Vasu ® Vasudeo i.e. FW-1 & P%1 the fateful day Prabal caiue to th{ HEuidi (hoine niade uitoxicant sul their soa Vasu attacked decease4 feU down and toecanie uncoiiscioii came aad botii of thein tifted Pi'bbal IRaalo, nioth.er of accused Vasu has tabal were at fbieir residence, Vasu tiead as a result ofwliich Prabal feH fir also caine there aad both of thein After soiue tiiiie Vasu retumed Pi-febal evidence ofDr. Sanjay Goel(P'w-) / deceased Prabal, hls right pari^ fi'actured and all ftiese bones subdural & nitradural hamerdj crasiied. Stones, wiucfa wer^ accused/appeUants, were show^ Ex.P-13 he gave opuuon that tt^f head of Prabal, could have bee4 Moreover, as per FSL report Ex.Pf- wliic5i was taken iuto possessioj Ex. P-8, was found stained with b|i As per evidence of PW-1 instan.cc a.ccuscd Vasu attackcjt lce of father and inother of accused 1-4, who have clearlv stated tfaat on ^ir house, Vasu & Prabal coiisumed istaace) and when they were leaving wittt a lathi as a result of which he [s. At that tiiae, accused Banbir also febal and took ^im outside. As oer P) there were injiuies on the head of ^tal bone & teinporal KiaxiBa were hierced into the brain. There were [hage and tissues of biain were reGOvered at fhe ia.staace of to fhis doctor and as per report uiiuries whlch were found on the caused bv the stones ia question. -21; the fuU pant ofaccused Baabir, by the Investigatmg Officer under lood, Ratnu & FW-4 Railo in the first d Prabal with lathi aud 'sv-hcii hc t^^^^ XI-HC-22 ^^^qpnaTT, aTi1'M'l6,,(«l<ll'Mli< sn^rqiT snS^T ^)+li<=b ^-if^^T Roshaa/- y/ ^ becaine lAaieon.scious accused faiin outside on the road and as which were fouad on the tiead caused by the stones. recovcred persons. Accused Vasu scS. Vasi before lus niother PW-4 Railo an<i were recovered at the iastanee of wifh blood as per Ex.P-21 aad ei which was taken into possessif stained with blood and it bas dispute ot agricultuial land bet^ father of deceaed Prabal. Therefcire, in view of the| evidence fae involvment of tne ad / im.iider of deceased Piabal is The arguinents advanced by the is devoid ofmeiit and we do not findiug of "Sas trial court con^ coiiunission ofiniirder ofdeceasef In fhe result, the appeals ^ aiid ttiev are herefav disniissed. Siace accused Banbir is oi caaceUed and be be sent t6 the the seutence. Ballbir Sd/- L.C.BHADOO Judge •^l^fft41Tt TTTTFTf ^ feT^i' '<REi^R ^'ariigTian^r & Vasu lifted Prabajt and took per niedical evidence the iajuries lof ttie deceased could have been at the uistance of the accused (.deo ruade extraiudicisd confession fatherPW-1 Ratnu. Stoneswhich laccused Banbir were fou&d stained ten the ftill oaat of accused Banbir bn under Ex.P-8 was also found lcoine on record that tliere was a ?een fafher of accused Baabir aad above ocular. aad circumstaatial jcused/appeBants in coiiuBittuag (he bevond reagonable doubt. ;ounsel for tbe accuaed/appellants tSnd aay iSlegality or iiifiriaity in the ^ictiag tti.e accused/appeUaats for Pra'bal. ^il, saoie are Habte to be cUsiaissed teail, therefore, his bail bonds are ;Qncemed iail fortwith to serve out esteblished Sd/- DHIRENDRA ,MISHRA Judge ['TTt^tfe^f