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2009 (4) C.G.L.J. 335
HIGH COURT OF CHATTISGARH AT BILASPUR
T.P.SHARMA, R.L.JHANWAR, JJ.
Goverdhan ...Petitioners
Versus
State of Chhattisgarh ...Respondents
Criminal Appeal No.290 of 2002
Decided on : 30/11/2009
Murder - Indian Penal Code - Section 302, Section 34
Fact of the Case:
The case involved the murder of Suraj, where the appellants were convicted under Section 302 read with Section 34 of the Indian Penal Code. The prosecution's case was based on the eyewitness account of Lata Bai (PW-10) and circumstantial evidence of the recovery of weapons at the instance of the accused. The defense argued that there was no reliable evidence against the appellants and that the witnesses' statements were not reliable.
Finding of the Court:
The court found that the evidence of Lata Bai (PW-10) was reliable and trustworthy, despite some improvements and exaggerations. The court also noted that the recovery of weapons at the instance of the accused corroborated the eyewitness account. However, the court found that the evidence against appellant No.3 Chintaram was not of a clinching nature and acquitted him of the charge.
Issues: The main issue was the reliability of the eyewitness account and the circumstantial evidence, as well as the participation of each appellant in the murder.
Ratio Decidendi: The court relied on the eyewitness account of Lata Bai (PW-10) and the recovery of weapons at the instance of the accused to establish the guilt of appellants No.1 and 2. However, the court found that the evidence against appellant No.3 Chintaram was not sufficient to establish his participation in the offense.
Final Decision: The conviction and sentence imposed upon appellants No.1 and 2 Goverdhan and Rajendra were maintained, but the conviction and sentence imposed upon appellant No.3 Chintaram were set aside, and he was acquitted of the charge.
The judgment of the Court was delivered by T.P.Sharma, J.:-
1. This appeal is directed against the judgment of conviction & order of sentence dated 6.3.2002 passed by the Second Additional Sessions Judge, Raipur, in Sessions Trial No.448/2001 whereby and whereunder learned Second Additional Sessions Judge after holding the appellants guilty for the offence of murder, convicted under Section 302 read with section 34 of the Indian Penal Code and each of them sentenced to undergo imprisonment for life and to pay a fine of Rs.10000/- in default of payment of fine to further undergo rigorous imprisonment for 3 years.
2. Judgment & order are challenged on the ground that without there being any reliable and clinching evidence against the appellants, the Second Additional Sessions Judge has convicted and sentenced the appellants as aforementioned and thereby committed illegality.
3. Case of the prosecution in brief is that on 23.9.2001 at about 7 a.m. Santosh Kumar Mandle (PW-6) servant of Shatruhan Sharma (PW-5) and Smt.Latabai (PW-10) was washing utensils in the house of Shatruhan at village Tilda, Police Station-Neora, District-Raipur. He heard sound for help of son of Shatruhan deceased Suraj (cpkvks cpkvks). He came out from the house. Accused persons were assaulting Suraj by axe and iron pipe. Suraj fell down. Accused Goverdhan assaulted by axe, accused Rajendra assaulted by iron pipe and accused Chintaram assaulted by fist and kick to Suraj. Chintrman was also saying that beat and kill him. He immediately informed the incident to Shatruhan Sharma (PW-5) and Smt.Latabai (PW- 10). Bhuru, mother of Bau and other persons have seen the incident. In the intervening night of 22.9.2001 and 23.9.2001 at about 11 p.m. earlier Suraj had gone into house of Chintaram for ganza seeds and thereafter, accused Chintaram came to the house of Suraj and quarreled. The accused persons caused fatal injuries over the body of Suraj. He become unconscious. Santosh Kumar Mandle (PW-6) lodged the F.I.R. vide Ex.P/12. Mother and father of Suraj immediately took him to hospital. He was examined by Dr.G.R.Agrawal (PW-1) who found following injuries:-
i) One contusion of 6 cm. x 5 cm. with active bleeding and fracture of under beneath bone over right temporal region. ii) One incised wound of + cm. x + cm. x screen deep just above right ear
iii) One incised wound over occipital region of 5 cm. x 1 cm. x skin deep
iv) One incised wound over frontal region of 4 cm. x 1 cm. x skin deep
v) One incised wound of 4 cm. x 1 cm. x skin deep 10 cm. from injury No.3.
vi) One lacerated wound over right hand of 7 cm. x 3 cm. x skin deep
vii) One incised wound over left hand of 2 cm. x + cm. x skin deep.
viii) One lacerated wound over right hand of 3 cm. x 2 cm. x skin deep
ix) One lacerated wound over right elbow of 3 c.m. x 2 c.m. x skin deep. Active bleeding were present over the injury.
4. Injury over the head was grievous in nature. Suraj was referred to Medical College Hospital, Raipur vide Ex.P/1. In the evening of 23.9.2001, Suraj was shifted to MMI Hospital, Raipur by his parents for further treatment where he died during the course of treatment on 25.9.2001 at about 9.22 p.m. Intimation of death was given to police vide Ex.P/14. Merg intimation was recorded vide Ex.P/15. Spot map was prepared by investigating officer vide Ex.P/8. Tikrapara police after summoning the witnesses vide Ex.P/19, prepared inquest over the dead body of Suraj vide Ex.P/20. Dead body of Suraj was sent for autopsy vide Ex.P/21 to Medical College Hospital, Raipur. Autopsy was conducted by Dr.Arvind Niralwar (PW-13) vide Ex.P/22 and found 9 external injuries and fracture of left temporal bone. Cause of death was comma as a result of injury and death was homicidal in nature. Registered merg intimation was recorded vide Ex.P/25. Appellant Goverdhan made disclosure statement on 23.9.2001 to the police before the witnesses relating to axe vide Ex.P/3 and two blood stained axe were recovered at the i
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