Digamber Vaishnav . vs The State Of Chhattisgarh

3. The prosecution story in brief is that the complainant, Badridas Vaishnav lives in village Khapridih. He is a retired teacher. Bhuneshwar was his brother. Both were living in separate mohallas. Bhuneshwar Das had two wives, namely, Shri Bai and Subhadra Bai. From Shri Bai, Bhuneshwar had seven daughters. From Subhadra Bai, he had five daughters and a son. Bhuneshwar Das had expired two years back. Mala, Kondi, Chandni, Nandini, Sharda and son Govinda were residing in the house apart from Shri Bai and Subhadra.

4. On 17.12.2012, at about 4 p.m., Chandni came to the house of PW-1, Badridas and informed him that Shri Bai, Subhadra, Kondi, Amrika and Mala Bai are lying dead in the courtyard and in a room. The complainant along with his wife Shanti Bai and Chandni immediately rushed to the house of Bhuneshwar and saw that Amrika and Mala Bai were lying dead at parchhi and Shri Bai, Subhadra and Kondi were lying dead in the room. There was bleeding from the nose and mouth of deceased and there were marks of injuries on the neck.

5. The complainant lodged the report of the occurrence in Police Outpost Gidhouri, where report (Exhibit P-6) was registered as per the statement of the complainant which was registered as FIR in Crime No.430/12 in the Police Station Bilaigarh. Marg intimations of Subhadra Bai, Shri Bai, Kondi, Mala Bai and Amrika Bai were 3 registered as per the information given by Badridas. Witnesses were summoned for the examination of the dead body of the deceased. Panchanama of the deceased was prepared in the presence of the witnesses. The doctor submitted post-mortem reports after conducting post-mortem of all the deceased. The cause of death of all the deceased was asphyxia due to strangulation and the deaths were homicidal in nature. After post-mortem report, the dead bodies of all the deceased persons were handed over to their relative Badridas for cremation.

6. The investigating officer drew the map of the place of occurrence in the presence of the witnesses. The police seized a bottle of Golden Goa Whiskey (made of glass) and a plastic torch which were lying at the place of occurrence. Six strands of black hair stuck between the fingers of right hand of the deceased Kondi, two white coloured buttons lying between dead bodies, blood stained soil, plain soil and one woolen shawl were also seized from the place of occurrence. The police also seized a shirt worn by the appellant No.1. Memorandum statement of the accused Digamber was recorded as per his dictation wherein he stated that he has kept the motorcycle at the house of Girdhari and Rs.3000/- and anklet (pair patti) was kept in his house. A sum of Rs.3000/- and anklet were seized after taking it out from the pocket of trousers of Digamber. Memorandum statement of accused 4 Girdhari was recorded wherein he stated that he has concealed Rs.2600/- and pair patti in carry bag at his house. Cash and a pair patti kept in a plastic carry bag were produced by the accused Girdhari from inside his house which were seized. Shirt worn by accused Digamber was removed and seized and one white coloured shirt with two missing buttons was seized from the accused Girdhari. Consent panchanama was prepared for taking the hair (of head) of accused Digamber and Girdhari and the hair (of head) of accused were seized. Seized articles were sent to the Forensic Science Laboratory.

7. An application was made to finger print expert for examination of finger prints on the wine bottle seized from the place of occurrence. Report of Police Headquarter (Finger Prints) was received, according to which finger prints of accused Digamber were found on the bottle of Golden Goa Whiskey. FSL Report regarding button of the shirt of the appellants and the buttons seized from the place of occurrence was also received wherein two buttons and threads were stated to be similar.

8. The police recorded the statement of PW-1, Badridas, Sheetal Das, Smt. Shanti Bai, Kumari Chandni, PW-8, Anita Bai and Dan Bai, Sohandas, PW-9 under Section 161 of Cr.P.C. After completion of investigation, chargesheet was filed in the court of Judicial Magistrate, who committed the case to the Sessions Court.

9. In order to prove their case, the prosecution examined 14 witnesses. The appellants were also examined under Section 313 of the Cr.P.C. wherein they pleaded that they are innocent and have been falsely implicated in the offence.

38. The forensic evidence against the appellants to prove their presence at the scene of crime is insufficient. The findings of the hair analysis are also inconclusive. The report only concluded the specimen to the human hair. The same is not sufficient to substantiate the presence of the appellants.

44. In view of the above, the appeals succeed and are allowed. The judgment and order passed by the High Court of Chhattisgarh at Bilaspur dated 30.04.2015 in Criminal Reference No.3 of 2014 and Criminal Appeal Nos. 536 of 2014 and 537 of 2014 are hereby set aside. The judgment and order dated 14.05.2014 passed by the Sessions Judge, Baloda Bazar, Chhattisgarh in Sessions Case No.5 of 2014 is also set aside. The appellants/accused are hereby acquitted for the offences for which they were tried and they shall be released forthwith, unless required in any other case/cases.

March 5, 2019.