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2016 Supreme(Chh) 11
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PRITINKER DIWAKER, CHANDRA BHUSHAN BAJPAI, JJ.
Satish Tripathi and Ors. – Appellants
Vs.
State of C.G. – Respondent
Criminal Appeal Nos. 334, 362, 461, 468 and 972 of 2013
Decided On : 14-01-2016
Advocate Appeared:
For the Appellant :Madhunisha Singh, Advocate
For the Respondents:Vivek Sharma, Dy. Govt. Advocate
Headnote:
Indian Penal Code – Section 302 - circumstantial evidence – Offence of Murder – Injury - Breathed his last. He further intimated that when his uncle was on the road behind BTI near the house of one Advocate two unknown persons fired at him from pistol and the incident was seen by nearby people - He expressed his doubt that the persons who demanded money and threatened his uncle would have shot dead his uncle. Police during inquiry after giving notice to the witnesses by Ex. P-4 conducted inquest vide Ex. P-5. Thereafter, police sent the body of the deceased for post mortem conducted autopsy and opined that the death may be homicidal in nature – Held, In the process of investigation, articles were duly seized, sent and the same were received by the FSL and CFSL in a sealed condition as mentioned in the report. Non-examination of the persons who had taken the articles to the laboratory is not important. As regards the argument that microscopic photograph were not filed along with the report, hence the report of the expert is not admissible, the expert of CFSL Chandigarh were duly examined and the defence had every opportunity to put questions and even as per relevant provisions of the Cr.P.C., the report of the expert is admissible. In the present case, expert was examined and looking to the entire report and other facts, no doubt can be raised about report Ex. P-59. The articles seized were safely kept in Malkhana and in absence of any reasonable doubt about the same in the opinion of this Court, it can not be held that the delay was caused in sending the articles. The District Magistrate after due examination accorded sanction. Defence failed to demonstrate or level any reasonable doubt for the sanction order for prosecution under the Arms Act as after being satisfied regarding seizure of the fire arms and ammunition, the District Magistrate duly accorded sanction which cannot be held suspicious. So far as argument regarding non-recovery of empty cartridges are concerned, if any empty cartridge falls down even then looking to the open place of incident and other attending circumstances there are every possibility that the empty cartridges may not be traceable or thrown by concerned accused. So far as absence of any motive is concerned, motive is just an add to criminality, even otherwise in the absence of any proved motive, prosecution case cannot be doubted. The case laws cited by the appellant Madhvendra on entire appreciation of evidence is not useful or of any help to him as to raise any doubt about circumstantial evidence – Appeal dismissed
Chandra Bhushan Bajpai, J.
1. By this judgment Cr. A. No. 334/2013, Cr.A. No. 362/2013, Cr.A. No. 461/2013, Cr.A. No. 468/2013 and Cr.A. No. 972/2013 (total five appeals) arise out of the judgment dated 25-3-2013 passed in Sessions Trial No. 76/2010 and Sessions Trial No. 166/2010 by the 1st Additional Sessions Judge, Ambikapur, Distt. Sarguja are being disposed of. By the impugned judgment, the appellants have been convicted and sentenced as mentioned in following chart:--
Name
U/s 302/120-B, IPC
U/s 201 (Part-1)/120-B, IPC
U/s 25(1)(1-B)a, Arms Act
Sentence
Fine
Rs.
In default
Sentence
Fine
Rs.
In default
Sentence
Fine
Rs.
In default
Madhvendra Pratap Singh @ Pankaj Singh
Life imprisonment
1,000 months
6
RI
RI
7 Yrs.
1,000 months
6
RI
RI
3 Yrs.
1,000 months
6
RI
All the sentences are directed to run concurrently.
Sl.
Name
U/s 302/120-B, IPC
U/s 201(Part-1)/120-B, IPC
Sentence
Fine
Rs.
In default
Sentence
Fine
Rs.
In default
1.
Sunil Paswan
Life imprisonment
1,000
6 months
7 years
1,000
6 months
2.
Siddhkant @ Pappu Tiwari
Life imprisonment
1,000
6 months
7 years
1,000
6 months
3.
Mannu Singh @ Abhishek Singh
Life imprisonment
1,000
6 months
7 years
1,000
6 months
All the sentences are directed to run concurrently.
Sl.
Name
U/s 212(Part-1) IPC
U/s 201 (Part-3)/120, IPC
Sentence
Fine
Rs.
In default
Sentence
Fine
Rs.
In default
1.
Satish Tripathi
5 yrs. RI
1,000
6 months
1 year
500
3 months RI
All the sentences are directed to run concurrently.
Sl.
Name
U/s 212(Part-1), IPC
Sentence
Fine Rs.
In default
1.
Ganesh Datt Mishra
5 years RI
1,000
6 months RI
Co-accused Akhileshwar Pratap Singh @ Lalit Singh has been acquitted by the trial Court in ST No. 76/2010 for charges under Section 212 of the IPC.
Convicted co-accused Siddhkant Tiwari @ Pappu Tiwari was absent at the time of pronouncement of judgment in ST No. 76/2010 as per para 140 of the judgment. The trial Court has convicted and sentenced him along with other convicted co-accused persons under the provisions of Section 353(3) of the Cr.P.C. He has not surrendered after pronouncement of judgment to serve the sentence before the trial Court instead he has preferred Cr.A. No. 458/2013 (Siddhkant Tiwari @ Pappu Tiwari Vs. State of CG) which was dismissed on 10-2-2015 by this Court.
Brief facts of the case are that on 26-9-2009 at about 7 pm, P.W. 1 Ashish Kumar lodged an unnumbered merg intimation at District Hospital, Ambikapur stating that his uncle Gowardhan Agrawal deals in coal and on 26-9-2009 evening at 6.45 pm when he was returning to his home from his office behind BTI, in the road near the house of one Ambikeshwar Tiwari, Advocate, two unknown persons on a motorcycle fired at him by pistol as a result of which he sustained injury over left side of abdomen and right arm. He was taken to the District Hospital, Ambikapur by Prabodh Minj, Mayor in his Scorpio vehicle along with one P.W. 3 Kailash Agrawal and driver Ilias where during treatment Gowardhan Agrawal succumbed to the injuries at about 8.32 pm. He further stated that the deceased was being threatened for money over mobile phone. He expressed his doubt that those persons would have killed him. After unnumbered merg, P.W. 1 Ashish Agrawal also lodged unnumbered FIR to Gandhi Nagar Police at 10 pm at District Hospital, Ambikapur wherein he stated that his uncle Gowardhan Agrawal, the deceased was engaged in coal business. At about 1 1/2 month ago unknown persons threatened him over mobile phone for serious consequences and demanded money. His uncle informed about it to him and the family members. On 26-9-2009 at about 6.45 p.m.
