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2017 Supreme(Chh) 268
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Pritinker Diwaker, Ram Prasanna Sharma, JJ.
Jitendra Sharma - Appellant
Versus
State Of Chhattisgarh Through, The Police Station Gudhiyari – Respondent
CRA No. 200 of 2006 & 878 of 2012
Decided On : 09-10-2017
For the Appellant :Shri. Somnath Verma, Advocate, Shri. Ashish Surana, Advocate.
For the Respondent: Shri. Adil Minhaj and Shri.Rahul Tamaskar, P.L.
Headnote:
Indian Penal Code,1860 - Sections 302, 307 and 120-B – Criminal Procedure Code,1973 - Section 313 Offence of murder – Examination of accused – Appeal against convicting - Accused/appellant and his wife were residing as tenant in house PW/2 - Accused/appellant Maria in Cr.A.No. also came there and started residing as a tenant - It is said A-1 had developed intimacy with A-2 which was not liked by deceased Sharma - Case of prosecution is as relation between appellants were causing infamy - Landlord got his house vacated - Deceased was killed by causing several injuries on vital parts of body by sickle saw appellant coming out from house of deceased soon as incident - Deceased died of her injuries in hospital and based on information received hospital, un-numbered merg and numbered merg (Ex.P/30) were recorded – Held, Court is of opinion conviction of accused/appellants under Section 302/34 IPC is not based on due appreciation of evidence available on record and being so they are entitled for benefit of doubt - Judgment impugned convicting accused/appellants under Section 302 IPC is set aside and they are hereby acquitted of charge levelled against them - Appellant Sharma in Cr.A.No. is on bail, his bail bonds stand discharged - Appellant Maria in Cr.A.No. is in jail - She be set at liberty forthwith, if not required in any other case - Appeals are thus allowed
Pritinker Diwaker, J.
As these two appeals arise out of the common judgment dated 28.02.2006 passed by the 4th Additional Sessions Judge (FTC), Raipur, in S.T. No.18382004 convicting the accused/appellants under Section 302 of IPC and sentencing them to undergo imprisonment for life with fine of Rs. 2000/- plus default stipulations, they are being disposed of by this common judgment.
2. In the present case, name of the deceased is Smt. Veena Sharma, wife of accused/appellant Jitendra Sharma (A-1) in Cr.A.No.200/2006.
3. The prosecution story in brief is that when accused/appellant Jitendra Sharma (A-1) and his wife Veena Sharma were residing as tenant in the house of Bhajanlal Verma (PW/2). Accused/appellant Maria (A-2), in Cr.A.No.878/2012, also came there and started residing as a tenant. It is said that A-1 had developed intimacy with A-2 which was not liked by deceased Veena Sharma. Further case of the prosecution is that as the relation between appellants (A-1 and A-2) were causing infamy, Bhajanlal (PW/2) - landlord got his house vacated from Jitendra (A-1) and his wife deceased Veena Sharma, however, after 3-4 months they again started living in the house of Bhajanlal (PW/2). It is said that on 02.03.2004 deceased Veena Sharma was killed by causing several injuries on vital parts of body by sickle. Bhajanlal Sharma (PW/2), Shila Devi (PW/3), Nandu @ Laxmi (PW14) and Chola Ram Nishad (PW/16) saw appellant Maria (A-2) coming out from the house of deceased. As soon as Shila Devi (PW/3) informed Bhajanlal Sharma (PW/2) about the incident, FIR (Ex.P/3) was lodged by him on 02.03.2004 against appellant Maria (A-2) under Section 307 IPC. During treatment, deceased Veena Sharma died of her injuries in the hospital on 03.03.2004 and based on the information received from the hospital, un-numbered merg (Ex.P/18) and numbered merg (Ex.P/30) were recorded on 03.03.2004. On the same day, inquest on the body of deceased was conducted vide Ex.P/1 and body was sent for postmortem examination to Dr. B.R. Ambedkar Memorial Hospital, Raipur where Dr. Ulhas Gonnade (PW/9) conducted postmortem on her body and gave his report Ex.P/10 noticing following injuries:-
(i) An old irregular scar with stitched of 5 cm length present, 2 cm below tip of mastoid process.
(ii) A transversely oblique stitched wound present near chin on left side in the size of 1.8 cm in length.
(iii) On left side of neck, 4 scratch abrasions of 3 cm over anterior aspect below angle of mandible, in an area of 2.5 cm x 2 cm, present in the size of 0.5 cm to 2 cm width 01 cm each.
(iv) A scratch abrasion in the size of 1.8 cm x 0.1 cm present below 2 cm mid point of right side of body of mandible, oblique in nature.
(v) A view of minute injury present on right side of anterior aspect of neck below angle of mandible. View is superior in an area of 1.5 cm length and 2.5 cm width.
(vi) A medial end of transversely oblique stitched wound of 3.9 cm present below 4.5 cm of chin and lateral end is 3.5 cm below mid part of body of mandible.
(vii) A stitched wound whose medial end present 6.5 cm below chin. It goes transversely towards right side upto 3.4 cm then turned downward in oblique manner upto 7 cm, then it turned downward lateral to neck up to 3 cm, then end in an opening from where gauge piece comes.
(viii) A transversely cut mark of 1.5 cm x 0.1 cm x epidermal depth present 7 cm below chin.
(ix) A transversely oblique stab mashed wound present 3 cm above sternoclavicular notch in the size of 2 cm x 0.5 cm.
(x) A cut mark present at mid 1/3rd of right clavicle directed downwards oblique in the size of 1 cm x 0.1 cm x epidermal depth. All epidermal depth wound identical in width, margin of these wound.
The Doctor has opined that the cause of death was cardia respiratory failure as a result of injuries to neck organ and its complication.
4. From the spot, bloodstained soil, plain cotton, one wedding necklace (mangalsutra), pieces of broken bangles and sickle were seized vide Ex.P
