! i ":)^': ^r •,.' CF0000062795 Bivision8ench^""2"o>)i' IN THE HI8H eoURT QF 3VBKS&TQSS •AT JABALPUR. (H. P . ) QsJ.ABpeal Ha; 3Js 'S' 5"" /9S i"""'~ "•: • •-1 . { AgPBAI, B/S 374(2) OF THE GOBE OF GRIMIHAL PRoeEBURE) &PPEIAANT • . ! f '•?-:^" iiuauBi— rin^jaiir Versus RESPONBENT: .. Muehak.i. iTaggu s/o Mueliakl Kosa. •r"7' ' • ' • ^ • • Sged aba»i6 49 year'S, oeeupdtiea, Agrieulturisfe, r/©Oran Sfaayaaglri, / : ?.S.KuHwal£eEda,Bi8fet.Ban€ewara.^' : r" . . The Sfeate ef M.P. 'tta-ougfa poliee statien a«raitetai Keadra, ' j Ku-walEQinda.Bistl.Baiitewaea.CM.P.) i ^S-H^SESESB'ITS'^S; i@na:^^-;'T~ ^^ffis^^^^? :'^y^£ SKSS^^sSSS^SSsi^a^Si'^^^sSSS^S XI-HC-22 SIT^T^iT f??N;sn^T •Stl>liqiBf?tT •fn^l MINC11 ShNlch SST "i)itiio<!<, ®-rf1<i'i6,KtrtK-iy „..C^r-,:-.^..^£^n'<>-^os^/yg ^ 200 i^% sn^r'RgTwnfscr Hoa'ble Shri JusSice L.C.BU Hon'ble Sbri Justice V.K. Sbrivsstava.JJ os/i Shri D.R. Sharma, Sr. f. Couasel for the appellaut. Shri Akhil Agrawal, Paiji Oral judgment. TMs appeal is directed aad order of sentence dated] Judge, Jagdalpur, ia Sessio4s Sessions Judge after holditiK comTnission of fhe offence un|der, aad sentenced him to undergb The case of fhe prose<t Sodi Hidiaa had borrowed ]]?s, fateful i.e., 01/08/1998 a^ deiaanded Rs.100/- which t^ deceased did not retum fh.e fhe deceased aad fhreatenl Thereafter, the fauuly niemb^rs leaviag behiad fhe deceased Maugli(PW/2). Atabout ll.(|)0 house wifh a bow aad arrowl ^rafepft^ WRft'rr te^ T^TRTC ^sif^irsn^r ^dvocate wifh Shri B.D. Badeainva, iel Lawver for fhe State. t against the iudgnient of conviction 05/05/1999 passed by the Sessions Trial No. 325/98 whereby leamed fhe accused/appellaat guilty for r,Sectiou 302 offhe IPC, coavicted im.prisoniaent for life. 'ution, in brief, is that the deceased ?s,100/- Iroia the accused. On fhe ;ciised cam.e to the deceased aad ,e advaaced to fae deceased, but the m.oney on which fhe acciised abused pd Tiim that he wiU be niiu-dered. of fhe deceased went to fhe forest ^. aad daughter-ia-law nauiely Sodi a.ia. the accused returaed from. his to the house ofthe deceased. When (IMy^) XI-HC-22 3ST rt(|<<icit|, »Tf)^'l<i,fadlti^ 3TIc?5T4ach t|l*ini sn*ii» ---•-•••---•-•-••••••^ 200 ft^g an^rqir R.ii+anSsT Stlliqi gf?(T 3n^r??ciTwgf?cr - z *i'iifn<fl-f iitii-iTffte^t<Ri+<;K i;3Tf^T3n^T Itl atid aatl uilolnned. cfase Pajichas fhe deceased was sleepia; wifh aa arrow on his face parietal region of fb.e decea^i iajuries on fhe face, jaw aajl witaessed fhe crinie who Chamru aad PW/3 Sodi Hia^. Chamru went to the Poucd report (Ex.P/4). On receivi^ij Kuwakonda, registered fhe took up fhe iiivestigation. After giving notice to the body of Sodi Hidma (PW/ 1). The Investigatioa stained soil and plaia soil one cottoa Chadar uiider Ext custodv gave a ineuioraaduiili fh.e weapon of fhe offence| rccovei^d fhe axe and airo-^ iatiination was also given Hidiaa (PW/1) was sent jb: Primary Healfh Ceu.tre, Ku^t R.A. Khan (PW/6) conduct^d postniortein report (Ex.P/l; was due to shock on accoiujit iajuiy) aad same was his room., tie stabbed the deceased also attacked wifh tbe axe on the .ed, as a resiilt of which ^ie received parietal region. PW/2 Sodi Maugli nned about fhe iacident to PW/ 1 Sodi ;o @ Bhusaam aad in tum, PW/ l Sodi Station at Kuwakonda and lodged this report Station House Officer, under Section 302 of the IPC aad He reacbed the place of occurrence. he prepared Paiichnama of the OfiEcer frfcm. hoiniciH.al took iato possession fhe blood fhe place of occurrence along with .P/2. The accused while m. the police Ex.P/5 regardiag fhe axe and arrow, aad iu pursuance of that, he got with bow iinder Ex.P/6. The inerg Ex.P/7. The dead body of Sodi 'or postmortein exaauaation to the ^•akonda uiider Ex.P/8 whei^ Doctor ffae postmortem. and prepared the ) in which he opined fhat the deafh it of fracture of zvgoinatic bone (head in nature. •^de (<fl^^f^) XI-HC-22 3%T •<IWIcl<), ®TTlWI(o,fsjrtltiyi Sii^i ^iat*» tflHMI ShNlcb -•••••••••••••••••••• ^- 200 f^^ 3ti^r^r f?;iN;3n^r ^CTwgfN' 3n^T?^iRn:(Tf?tT --;> 'ni'ilfdtfl-l WRff ff f5^S {KtW{ ^arf^R'sn^T After coinpletiou of tii^ investigation, charge-sheet was filed ia fhe Court of Chief Judici^l Magistrate, Daatewara, who ia tum conunaitted the case to fhe S ssions Judge froia where he received the case for trial. The prosecution ia ojrier to establish fh.e charge against accused examiaed six witnejsses. Stateiuent of the accused was recorded under Section 313 laaterial appearing against stated fhat he is innoceut. Learaed Sessions Ju. [ofthe Cr.P.C., in which he denied the |uia in fhe prosecution evidence aud Ige, after Iiearing fhe arguments of leamed counsel for the p^rties, convicted and sentenced the accused as mentioned in paija one of fhis judgiaent. We have heard leame|l counsel for the parties, perused the iuda-ment of fh.e trial Court abd e^idence available on record. The fact of hoiaicidaJI has cateRoricallv stated fhs \viQi axe and arrow, as a res the accused fled awav fi-om Dr. R.A. Khaa (PW/6), who stab wouitd on riaht cheeM deafh of Sodi Hidina has not been disputed by leamed couiise|l for fhe appeUaat. Apart froiu fh.at, eye-witaess PW/2 Sodi Majlgu, daughter-in-law of th.e deceased .t fhe accused assaulted fhe deceased ilt ofwhich he received injuries on the head. She persuaded tue a(|:cused not to attack fh.e deceased, but even then fhe accused did n|3t stop aud after iaflicttag fhe iajuries the scene ofoccurrence. The evidence of this witness has been colrroborated bv the niedical evidence of bas categoricallv stated fhat ftiere was aaotiier stab wound on right cheelc (4t^^^) XI-HC-22 sn^r^r f^IR;3TI^T sbtiiti Hf^d sbtilt) 73S -^lillcfq, ®tTl+1'16,isK11.My 3TT^?T4ach tlitiwi shiicn ••••••••••••••••••••• g^ 200 ^^s. 3.n^T?HITWflf5(T ^- and fhere was an injuiy on 5" x 5" aad fhe blood was inentioned iajuries were an'!|( ia nature. The cause of (^eat]b. of zygoiaatic bone (head uij-] fhe death of deceased was h4: Now, coming to fh.e ial crume in questiou, leamed) argued fhat beiag relative o^ interested witaess aad mbre- therefore, her evideuce does On the ofher hand. S]|iri State supported fhe judgBiec|t It is true fhat the wholle Sodi Mangli who was the sdle doubt, she is daughter-ia-la^ pouit law is wefl setfled that be thrown away only oa the| deceased. When the witnesi has to scnitiaize tlie eviddnce circumspection in order to as such witaess. In the Ught of the d evidence of PW/2 - Sodi <*i-iiff)41-i *iiti<~iT^'tetA<Ri'wK ^; sTl^q 3n^?r pie right temporal regiou ia fhe size of oozing from. the ear. AU the above ;-m.orteiu and the death is hoinicidal was due to shock caused bv fi-acUire (iry). Therefore, it is established that taucidal in nature. ^olveiaent offhe accused/appeUant in couiisel for fhe accused/appellaat fhe deceased PW/2 Sodi Maiigli was •-over, she did not raise aav cn', (lot iaspire confideace. Itiri AIdul Mishra, Paael Lawyer for the of the trial Court. fcase rests on the evideiice of PW/2 eve-witaess to fhe incident and no iv of deceased - Sodi Hidma. On this khe evidence of relative -ivitriess camiot sround fbat witness is related to fhe is relative of fhe deceased, the Court of such witness witii care and ^certam the veracity of the evidence of jtoove priaciple, if we look into fhe MaiigU, she has stated that ia the (<ft^y^) ;l :! fc:£::L XI-HC-22 3n^Tq>r ^i+sn^r ^ShlHiqi (ifN' 3ST '<II<4I(V1<1, a-rfi'M'IS, ISICIK-I^ 3TT^5T f^K iTTircrr ai^rei g^ 200 Rl<3^, 31^T?TdTW;af?(T -s'- moraiag, the accused came from Sodi Hidiaa which v^as accused, but Sodi Hidiaa dic) altercatioa took place betwejen house aad agaia caaie at. airow, at faat tiine, Sodi Hf Chamru aad Sodi Hmgo (^ forest for briniag fb.e wood. had gone to inarket. She w^ caine, stabbed fhe deceasedl fhe head of the deceased. S] accused was attackiug the] thereafter he fled away lr( persuaded the accused notj assaulting, he fled away fron^ succuinbed to the uijuries. inarket, she iafonned tiim| examination offhis witness, record aay circuaistaace •wbi{ unreliable or untrustworfhy. tiine of occurrence in her exaaiination, nothiag hasAI fhat her presence at fhe '&ne| Moreover, PW/1 - SOE wifh. his wife went to fhe ^rafepft^ im?ff ff fsc^ (RRZTC ^sri^iran^r |to fb.eir house and demanded monev advanced to Sodi Hidina av ffae uot retum the nioney, on which soiae the two. The accused left for his ^bout 12.00 uoon wifa axe, bow aad idm.a was sleeping in bis rooia, Sodi f), Bhusaam had ah-eadv left for ffae IHer husbaad aad wife of Sodi Hidma is all alone ia the house, fhe accused Iwith arrow and attacked wifh axe on be witnessed fhe occun'ence when the deceased wifh arrow and axe aad bm fhe sceae of occurrence. She to assault fhe deceased, but after the scene of occyrrence, Sodi Hidaia Waen her husband returaed from the about fhe iacident. In the cross- jiefence has not been able to bring on ;h makes fhe evidence of this witness The presence of fhis witaess at the bouse is natural aud ia the cross- •en brought on record which shows |of criaie in. question was doubtful. 4i Cliamru has stated that he along aad when T.hev retumed ia. the into'ket (<ft^y^) 'Hii-aif XI-HC-22 Sfl^T^iT f^Iwan^T •^sCTR;Hf?(T 1::SI •iiill 111.1:r' Wi!  3ST •<ll<<lc'1<<, (Snfl+f'IS, RtclKiy Sll^l 4^<ft imraTgwra?"""""""""""" w^ 200 Ro«8. an^r g?grw Hi?(T -<> Uead acc^sed anld ^lso >aata indident noon, they saw that fhe det: there were iajuries on fhe iaforraed liim fhat ffa.e wifh the axe aad arrow.' He im Kuhrami Gaagni (PW/4),. ia. which tfae accused was ^ls confession fhat he attackecl Thereafter, Iie lodged ffae PW/3 Sodi Hingo (% Bhusaata infonaed bun about the indid residence he saw the injurie^ Kuhrami Gaagru, who was stated fh.at on fb.e fateful iaformed about tbe incidetit Hidniawith the axe, thereafllt where he saw the bodv region. Police came ia fhe a inem.orauduiu (Ex.P/5) pursuance of fh.at, axe aad aji accused under Ex.P/6. PW/5 Shri R.K. Verm^ fhe accused while in poiice reRardiue the place wMere h4 pursuaace of fhat, he got| ftierefore, the evidence of d^v +l^(i-l41-1 WlRrf ff teA f.l'aK-AK. ^iSt^ITSII^T j;eased was lying on fhe ground and aad mouth. PW/ 2 - Sodi Maagli caBie aad attacked flie deceased jmm.ediately urform.ed viUage Sarpaach fh.ereafter, Panchayat was convened catled aad Iie m.ad.e extra judicial (1 fhe deceased ^vith axe and arrow. ^eport (Ex.P/4) in the PoUce Station. has stated that Sodi Maagli (PW/2) aud when he caoie back to the on the body of Sodi Hidma, PW/ 4, ^ Sarpaach of viUage Panchayat, has Sodi Hm.ao came to his hoiise aiid fhat fae accused Inurdered Sodi :r he left to the house of Sodi Hidiaa iiyuries 011 his cheek aad parietal L|lage aad on enquiry fhe accused gave iabout the axe aiid arrow and in abrow were recovered at the iiistaxice of aaB vi|lagi (., investigatia.g Officer has stated that ;ustody gave a lueinorauduin (Ex.P/5) ^ kept Uie axe, bow aad arrow and in recovered the same under Ex.P/6, Sodi Maiigli stands corroborated PVJ//2 (^^f^) XI-HC-22 sn^T?;? l^lRi311^T ;sCTNi;gf?!T Raju ^^ <n.~ 3^-^pnwr, aTny'is, Ricii^y 3TT^?T45ltt> KIHCTI sb*<l<»i ••••••••••••••••••••• ^pj- 200 RM 3-<—^. SniRTSRITWfll^T ~-\ bdw tUe bv fh.e ofher evidence of fhi^ weapon of fhe offence i.e. at the iastance of accused, a{ arguments oflearaed counsejl As far as fhe second for fhe appellaut fh.at PW/ ^ concemed, perusal of fhe e^ stated that she persuaded but after attackiag he Qed a^ as per fhe evidence she h^ incident to her husband, fb.it ia the aryunents advaiiceu For the foregoiag r4 circum.staaces, we do not findiags offhe tnal Court, s4 accused ta.as r^hfly beeu under Section 302 ofthe IPCi The appeal fs3s and 1 Sd/- | L.G. Bhadoo Judge ^k °hl''<t<vl''fl-1 IITtRff if fS^S ^)31^IT3n^T witness ia niaterial particiilars. The bcjw, arrow aad axe were also recovered fe such, we do not find aav inerit ia fhe for the apoeUaiit. .a|rgunient advanced by learaed counsel Sodi MaugU had nof raised cries is ^idence of PW/2 shows fhat sbe has accused aot to attack fbe deceased. (vay from. fhe scene of occurreuce aad fcd tmmediatelv mfonned about fhe ^refore, we do uot find auy substaace learaed counsel for the appellaat. iasons aud ia view of ffae above pind any reason to iaterfere wifh fhe line is based on. legal evidence and the cotivicted for fb.e comirussion ofoffence PCl sdmejsjiisuiissed. tiv Sd/- V.K.Shrivastava Judge (<^y^) 'v ::!i!!:i'i-a!i