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IN THE HIGH COURT OF CHHATTISGARH, BILASPUR
Ramesh Sinha, CJ., Arvind Kumar Verma, J.
Jaysingh Baghel Son of Tuni Baghel - Appellant
Vs.
State of Chhattisgarh, through the Station House Officer, Police Station Nagarnaar, Jagdalpur, (CG) - Respondent
Criminal Appeal No.520 of 2023
Decided On : 22-02-2024
IPC - Murder - Section 302 of the IPC - 118, 161, 374(2) of the CrPC - 118, 161, 374(2)
Fact of the Case:
The appellant was convicted for the murder of his wife, Lakhmi Bai, based on the prosecution's case that he assaulted her with a bamboo stick, resulting in her death. The prosecution relied on the testimony of a child witness, Ku.Urmila (PW-4), who claimed to have witnessed the assault.
Finding of the Court:
The trial Court found the death to be homicidal and relied on the testimony of the child witness, Ku.Urmila (PW-4), to convict the appellant for the murder of his wife under Section 302 of the IPC.
Issues: The main issue was whether the trial Court was justified in convicting the appellant based on the testimony of a child witness and the evidence available on record.
Ratio Decidendi: The Court affirmed the finding that the death was homicidal and held that the testimony of the child witness, Ku.Urmila (PW-4), was reliable and could be used to base the conviction. The Court also discussed the competency of child witnesses under Section 118 of the Evidence Act and emphasized the need for close scrutiny and careful evaluation of their testimony.
Final Decision: The criminal appeal was dismissed, and the appellant was ordered to serve out the sentence as ordered by the trial Court.
JUDGMENT ON BOARD :
Ramesh Sinha, CJ.
1. This criminal appeal preferred under Section 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dated 28.11.2022 passed by the learned Sessions Judge, Bastar at Jagdalpur in Sessions Case No.44/2021 by which the appellant has been convicted for offence under Section 302 of the IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/-, in default, to further undergo rigorous imprisonment for three months.
2. Case of the prosecution, in brief, is that on 3.2.2021 at about 3.30 A.M. present appellant Jaysingh Baghel assaulted deceased Lakhmi Bai for intention of her murder, he assaulted the deceased by bamboo stick and later she died. It is alleged that informant Maniram Baghel along with Up-Sarpanch Rameshwar Bisai and Devinath Baghel went to the Police Station Nagarnar on 3.2.2021 and registered a merg intimation (Ex.P-1) to the effect that the night before the date of incident his brother-in-law Jaisingh Baghel, his wife Lakhmi and children were sleeping at home after taking dinner. At around 4 A.M., wife of Jaisingh Baghel did not wake up after waking up her, she was lying dead. After Jaisingh informed his brother Jagbandhu, Jagdandhu called him and informed him, then he went to Jaisingh Baghel’s house and saw Lakhmi lying dead. The police went to the spot. Spot map was prepared by the investigating officer vide Ex.P-2. Patwari also prepared spot map vide Ex.P-3. Inquest over the body of the deceased was prepared in presence of the witnesses vide Ex.P-6. Memorandum statement of the appellant was recorded vide Ex.P-8 and on the basis of his memorandum statement, bamboo stick was seized from his possession vide Ex.P-9. The appellant was arrested on 6.2.2022 vide arrest memo Ex.P-10. FIR was registered vide Ex.P-19. Dead body of deceased Lakhmi Bai was sent for postmortem to Medical Hospital, Dimrapal vide Ex.P-13, where Dr.Ashish Babu Patel (PW- 11) conducted postmortem over the body of the deceased vide Ex.P-14 and found following injuries vide Ex.P-14A:-
2. Abraded Contusion above right eyebrows, Spindle shaped, 0.8 cm x 0.5 cm, reddish-brown colour.
3. Abraded contusion over left forehead above eyebrows, two in number, separated born each other by 2 mm of, normal uncontused- unabraded skin, Contusion are numbered 3(a) and 3(b), 3(a)- round shaped, 1cmx1cm. 3(b)- elliptical shaped, 4cm x 1.5 cm. Reddish- brown colour.
4. Abraded Contusion between two eyebrows, triangular shaped, 1.5cm x 1cm, faint bluish purple colour.
5. Abraded Contusion over left side of nose between inner Canthus of both eye, 1 cm x 1cm, square shaped, reddish brown colour with underlying nosal bone fracture.
6. Contusion in left upper and lower eyelid, bluish-pumple to black colour.
7. Abraded contusion over left side of nose, Crescentic shaped, two in number, Size 1cm x 0.5cm and 0.5 X0.5cm.
8. Contusion below and Lateral aspect of right eye, 2cmx1.5cm, Bluish-purple colour.
9. Contusion, over sking right zygomatic arch, round shaped, three in number, size - 0.5cm x 0.5cm, 0.5 cm x0.5cm, 1 cm x1 cm.
10. Contusion over sking right Zygomatic arch Crescentic shape, 0.5 cm X 0.2cm, reddish brown colour,
11. Linear contusion over left eye-brow outer aspect, 3cm x. 0.3cm, bluish- purple colour.
12. Contused obrasion over left cheek, 6cm x 6cm, reddish- brown colour, three round shaped contusion present in abraded area, size. 1 cm x 1 cm, 0.5 x 0.5 cm, 1 cm x 1 cm.
13. Contusion of skin in front of left ear, sound shaped, 0.8 cm X 0.5cm.
14. Contusion of left ear.
15. Abrasion over skin, below and front of left ear, 0.4 cm - 2cm.
16. Abraded Contusion below left ear, triangular in shape, base is convex and toward occiput, apex of abrasion is directed toward front of neck, size 2 um x 1 cm.
17. Contusion encircling the mouth from nose to chin, Including lips and corners of mout
The reliability and trustworthiness of a child witness's testimony, as well as the sufficiency of evidence, are crucial in establishing guilt in criminal cases.
Murder - Testimony of sole child witness - There is no age limit fixed for a person to be a competent witness. A child of tender age can also be a competent witness.
The court affirmed that child witness testimony can be reliable and sufficient for conviction if evaluated carefully, alongside corroborating evidence.
The court established that the reliability of child witnesses must be carefully evaluated, and a conviction cannot be sustained on their testimony alone without corroborative evidence, especially whe....
The credibility of a child witness and the need for corroboration in the absence of independent evidence.
The main legal point established in the judgment is the distinction between murder and culpable homicide not amounting to murder under the Indian Penal Code, 1860, based on the intention and knowledg....
It would always be open for prosecution to decide on quality and quantity of evidence that they wish to lead in order to establish charge and this Court cannot comment on such aspect of matter, as lo....
The testimony of a child witness can suffice for conviction if credible and corroborated, while the burden of proof lies on the accused to establish an alibi.
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