WW,W,W ® Wm i 1:1 200 "“1. ‘ mwm straw m11fg‘am Judge, .Bilaspur in Sessions Tri; learned Additional Session accused/ appellant Chainsingh offence under Sections 302, 201 undergo imprisonment for life, p undergo R.I. for live years; respectively and after holding t] gunty under Sections 302/34, 2c undergo life imprisonment, pay undergo R.I. for five years, pay z The sentences imposed upon b( directed to run concurrently. amount under each section, th months? S.I. 2‘. i Case of the prosecution, Beepatram gave merg intimatior the effect that he was at his resii Bajga caine and informed him th ' is weeping and Dohkuram is lying dead in the kitchen garden, harket to inform the villagers. r went to Achanakmar market his father is lying dead, on aople proceed, I am coming”. therefore, he should go to the r On receiving this information hi and 'infOrmed Chainsingh that which Chainsingh said “you pi il No. 382/2000 whereby the Judge after S holding guilty for commission of the of the IPC, sentenced him to ay a fine of Rs.1,000/— and to :o pay a fine of Rs.500/—, ie accused/appellant Samliya l of the IPC, sentenced him to a fine of Rs.1,000/- and to L fine of Rs.500/- respectiVely. )th the accused persons Were in default to payment of fine 3y have to further undergo 6 in brief, is that mi 5.7.2000 i in the Police StatiOn-Kota to lence, in the mid day Bhagbali ‘ at the grand-son of Dohkuram may Hi 200 WW (FW ' ) \‘ 3 Thereafter, Beepatram came there along with other persons and saw the dead body of Dohkuram lying in the kitchen garden. There were injuries on the temporal region, arm 86 wrist of the left hand and on the left thigh. When he asked Chainsingh to lodge a repot, t en he said that he does not know anything about the inci ent, therefore, what he will report. Then, at the instance of llagers Beepatram along with Kotwar Melaram went to lodge t e report in Police Station Kota. On the basis of said report M No. 53/2000 was registered. The investigating officer left for he scene of ocCurrence. Based _ on m XP gn b nsig t d h w under EX Bla an n s wa n nt psion EXP/4. Cthes of th accuse Chaning were ed unde EP/6 ‘ Clhes f te cc m wee se nder EX.P8) to Panhs, he rar nque (XP9) on ead ody o ohkam. Site pan X.P 1 a prared. dead body of Dohuram was set for ostoe examinai Cout ealth Center, ota ner Ex./2-A w Dr A.K. Jha conucted ostmorte an ered e postmorte port (E.P/ 12). He pined t “n efit op o regarig us 5 e of eat gn, ti ithi ven our ours f porting (time of P.. viera sen analysis, nture to be (4 memorandu (E/3) ive y accused Chainh during he police custoy, one lat as seized P/2. oodstined d plai oil, take io osses under lo e d ish seiz r X. ot o h aus d Saliya r ized u (/ the ca peped ist E/ th d b f Dur . l (E/ 1) ws ep T e k n pmrtm to to mmniy H K 'ud fPl he e . d pm d prpa th m re X ’ o hat o dine i in dn cae 8 mod dh can, be ive me Wn sety f h o re E.P. After giig notie ’x/7 vn c i e M), sc t for a m: U E R’ a EV $7 ¥ i ' 5g @ W ~ W... 1i vi r 200 Wm (W71 "’) ' WWW ' may; ’ mm&f§@w 'Wm m q $Wm investigated out by”. In the pos1mortem report, he mentioned that froth was coming out from the nostrils 85 mouth, skin peeled off at places, underneath reddishness, blackness present over muscle, scrotum hanging, skin somewhere blackish 85' somewhere reddish, there were injuries over right ‘thigh in the size of 3" X 2", over right thigh 8a leg in the size of ‘16” x 4", margin was not clear :because of putrefaction being started, ’ tongue bitten betwe teeth, face swollen and eyes protruded of the socket. After ompletion of the investigation charge sheet was filed against he accused/appellants in the Court of Chief Judicial Magi rate, Bilaspur who in turn committed the case to the Cou t of Sessions JudgefBilaspur r from where learned Additional Sessions Judge, received the I case on transfer for trial. 3. Prosecution in order to e tablish the charge against the accused persons examined 12 ,accused persons were recorde “Cr P C 1n which they denled t e material appearing agamst ' them 1n the prosecution ev1den e and pleaded innocence and false implication 1n the crime 1n uestion. 4. .' Learned Additional Sessio s Judge, after hearing counsel ‘for the respective parties c‘nvicted and sentenced the d tnesses. Statements of the under Section 313 of the. accused/appellants as aforesai e i r r yJ 2’0 . . x11 0 mm W“ if) Manfa‘wfa‘; mm m mmm 5' mm‘m%:rzvmraw _ §?am311%¥r 4 5. We have heard Mr. Akhil behalf of the accused/appellant for the State/respondent. '6. As far as, homicidal dea homicidal death of Dohkuram. ‘who conducted postmortem on has stated that maggots were p coming out from the nostrils 85 places, there were reddishness Scrotum was hanging, there 'wer in the size of 3" X 2” 85 16” x of Dohkuram is concerned, learned‘counsel for the accuse /appe11ants has not disputed reover, PW—8 Dr. A.K. Jha, the dead body of Dohkuram- esent in the body, froth was uth, skin was peeling off at d blackness over the body, injuries over right thigh 85 leg , tongue was bitten between teeth, face was swollen, eyes we‘re protruded from the socket, there was swelling on the whale body, injures Were ante- imortem in nature and he stated mat no definite opinion can be :given regarding the death. If’ “conditiori of the dead body along 'before whom the accused Chc iconfessmn to the effect that he cnnmitted murder 0f his father ’as he found him ’in compromising position with his wife as also the, evidence of Tiharinbai (PW—5), wife of Samliya, who stated that she saw accused Chainsingk *L‘n, GRPRJ FS/246—‘272'00-7 50,660? counsel appearing o'n and Mr. G.D. Vaswani, G.A. the postmortem report and with evidence of Itwari (PW-3) insingh made extra judicial committing the murder of his H W t , ‘ o n o ” @ Wm* w 209 'm% Wmfrwm $3Im3ré¥T umulative effect of the above. Lm was homicidal in nature. e accused/appellants in crime ram (PW-2) has stated that it id by Itwari Baiga, accused he saw his father in a i ife, he committed his murder iiting him with umbrella and PW—3 Itwari has stated that Jud1c1al confess1on before him Qthat he committed murder of his father Dohkuram as his father PW 5 Tiharinbai Wife of accused Samliya, has stated hat on the date of meident i Chainsingh came to her house i the noon, asked her husband to accompany him to kill his, :ather as he was ‘having illicit relions with his wife, on whic her husband Went along with father, are taken together the c evidence is that death of Dohkurz 7. So far as involvement of th in question is concerned, Sukal V is correct that on being askv Chainsingh disclosed that a i compromising position with his iby pressing his neck and assa Vlathi With the help of Samhya accused Chainsmgh made extra : ife. :had 1111c1t relationshlp w1th his i at @ W m l ‘ v"nin‘n.v r H 2‘60 1 @$ m ’7’» m i $1 200 snévrmm _$fW ' mWSWv % ’mWWi9WW: %‘E _ h accused Samliya was involved 1n committing the murder of Dohkuram or in any manner he tried to cause disappearance of the evidence of murder in order to screen himself from legal punishment. Therefore, convic of accused 'Samliya under Sections 302/34, 201 of the IP cannot be sustained as the same is not based on legal clinch ng evidence. 4 ( 10. Mr. Akhil , learned ounsel appearing on behalf of t from the evidence of PW-5 Tiharinbai, extra judicial confes ion made before PW—3 Itwari by accused Chainsingh and the evidence of Tiharinbai (PW-5) iwho‘ has stated that as the accu ed Chainsingh; saw his father in a compromising position with ’ the accused/appellants argued l s wife that is why he came to her house, asked her husband o accompany him to commit his murder and even from the Vidence of Sukvariya, wife of accused Chainsingh who has a1 o stated in her evidence that her father-in—law Dohkuram us d to have sexual intercourse with her, it is evident that accu d Chainsingh after seeing his father in a compromising posi 'on with his Wife, could not control his temper, he was prov ked and therefore, in a hit of passion he assaulted his father ohkuram, as a result of which he died. Therefore, the offenc against accused Chainsingh does not travel beyond Section 3 4-H of the IPC. V] GRPRJ FS/246A2/2007 50,000. t n a i W r ~ m i wt 200