2006(3) C.G.L.J. 55
HIGH COURT OF CHHATTISGAGH, B1LASPUR
L.C. Bhadoo & Dhirendra Mishra, JJ.
AMAR SAI - Appellant
Vs.
STATE OF CHHATTISGARH - Respondent
Criminal Appeal No. 1626 of 1994,
Decided on : 3-1-2006.
Criminal Appeal - Murder - IPC Section 302 - Summary of Acts and Sections: The court discussed the legal provisions related to circumstantial evidence, last seen theory, and the requirement for conclusive evidence to establish guilt. The court emphasized the need for unerring clinching legal evidence to point only towards the accused's involvement in the crime. The judgment highlighted the importance of motive and the necessity for corroborative evidence in convicting based on circumstantial evidence.
Fact of the Case:
The accused appealed the judgment of conviction and sentence for three murders. The prosecution's case relied on circumstantial evidence, including the accused's last seen with the deceased, absconding, and recovery of the murder weapon.
Finding of the Court:
The court found that the circumstantial evidence was insufficient to establish the accused's guilt beyond a reasonable doubt. It emphasized the need for conclusive evidence and lack of corroboration in connecting the accused with the murders.
Issues: The issues revolved around the sufficiency of circumstantial evidence, last seen theory, absence of motive, and the requirement for unerring clinching legal evidence.
Ratio Decidendi: The court emphasized the necessity for conclusive evidence and unerring clinching legal evidence to establish guilt based on circumstantial evidence. It highlighted the importance of motive and corroborative evidence in convicting based on circumstantial evidence.
Final Decision: The appeals were allowed, and the judgments of conviction and sentences were set aside. The accused was ordered to be set at liberty forthwith.
1. Criminal Appeal No. 1626/1994 filed by accused Amar Sai pertaining to the murder of Balmukund arising out of the Sessions Trial No. 49/93, Criminal Appeal No. 710/2005 filed by the Same accused pertaining to the murder of Ratan arising out of the Sessions Trial No. 47/93 and Criminal Appeal No. 729/ 2005 filed by the same accused pertaining to the murder of Phulbaso Bai arising out of the Sessions Trial No. 48/93 are being disposed of by this common judgment, as the evidence in all these three cases is similar and all the three murders of Balmukund, Phulbaso Bai & Ratan were committed at the same time, at one place, at the residence of deceased Balmukund, alleged to have been committed by accused/appellant Amer Sai.
2. By these appeals, accused/appellant Amar Sai has questioned the legality of the judgment of conviction and order of sentence dated 24-9-1994 passed in Sessions Trail No. 49/93 pertaining to the murder of Balmukung, also the judgment of conviction and order of sentence dated 29-9-1994 passed in Sessions Trial No.4 7 /93 pertaining to the murder of Rat an, and the judgment of conviction and order of sentence dated 28-9-1994 passed in Sessions Trial No. 48/93 pertaining to the murder of Phulbaso Bai by the 2nd Additional Sessions judge, Ambikapur, whereby learned Additional Sessions Judge after holding the accused/appellant guilty for the commission of offence under Section 302 of the I.P.C. sentenced him to undergo imprisonment for life in each of the sessions trial.
3. The Case of the prosecution, in brief, is that on 20th January, 1992, Sudhu Das gave a merg intimation in Police Station. Batauli that on that day on the information given by Kotwar Bokharam to the effect that one person is lying dead in the courtyard of Balmukund, he went to the house of Balmukund and saw that the dead body of Rat an Korwa was lying in the courtyard, he went upstairs of the house and saw the bodies of Phulbaso Bai & Balmukund, there were injuries on the parietal region, eye brows & face, and the injuries appear to be caused by a sharp edged weapon.
4. The Station House Officer recorded the merg intimation Ex.P-1. He took up the investigation and left for the scene of occurrence, where he prepared the Panchnama of the dead body of Balmukund Ex.P-2, the Panchnama of the dead body of Rat an EX.P-2, and the Panchnama of the dead body of Phulbaso Bai Ex.P-2, after giving notice to the Panchas. He also took into possession one quilt stained with blood, plain soil and blood stained soil from all the places of occurrence. Requisitions were sent to the Primary Health Centre, Batauli for conducting Post-mortem on the bodies of Balmukund, Phulbaso Bai & Ratan. Dr. Vijay Kumar Mishra (PW -6) conducted post-mortem on the bodies of Balmukund, Phulbaso Bai & Ratan and prepared the post-mortem report of all the three bodies. The site plan of the place of occurrence was also prepared. During the course of investigation, accused Amar Sai, while in the Police Custody, gave information regarding the place where he concealed the axe, the weapon of offence, and in pursuance of that, accused Amar Sai got recovered the axe. The blood stained articles were sent to the Forensic Science Laboratory, Sagar for examination, from where the report was received in which the axe, Dhoti, Banian, quilt and blood stained soil were found to be stained with blood.
5. After completion of investigation, separate charge sheets in connection with each murder were filed in the Court of judicial Magistrate, 1st Class, Ambikapur, who in turn committed the case to the Sessions Judge, Ambikapur, from where, the 2nd Additional Sessions judge, Ambikapur, received the case for trial.
6. The prosecution in order to establish charge against the accused examined as many as 16 witnesses in each case. Learned Additional Sessions Judge also recorded the statement of the accused under Section 313 of the Code of the Criminal Procedure, in which he either pleaded innocence or
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