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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, C.J., RAVINDRA KUMAR AGRAWAL, J.
Dilip Sariwan S/o Ashok Sariwan – Appellant
Versus
State Of Chhattisgarh - Respondent
CRA No. 191 of 2023
Decided on : 20-08-2024
(A) Indian Penal Code, 1860 – Sections 302, 201, and 120B – Criminal appeals against conviction for murder and conspiracy – Conviction based on circumstantial evidence, including motive, relationship dynamics, and forensic evidence – The trial court's findings affirmed as neither perverse nor contrary to evidence – The prosecution established a complete chain of circumstances leading to guilt. (Paras 16, 18, 21, 43)
Facts of the case: The deceased, Durgesh Panika, was murdered on 15.08.2020, with evidence indicating a conspiracy involving his wife and several co-accused, who lured him under false pretenses before committing the crime. (Paras 3, 4)
Findings of Court: The court affirmed the trial court's findings that the death was homicidal and that the accused conspired to commit murder, supported by circumstantial evidence and forensic findings. (Paras 17, 43)
Issues: The main issues included the nature of the death, the existence of a conspiracy, and the sufficiency of circumstantial evidence to establish guilt. (Paras 16, 18)
Ratio Decidendi: The court reiterated the principles governing circumstantial evidence, emphasizing that all circumstances must be established beyond reasonable doubt and consistent only with the guilt of the accused. (Paras 18, 24)
Result: Appeals dismissed; convictions upheld. (Paras 45)
JUDGMENT :
Per Ramesh Sinha, Chief Justice
1. Since the aforesaid six criminal appeals have been filed against the impugned judgment dated 14.12.2022 passed by the Additional Sessions Judge, Pendra Road in Sessions Trial No.10/2020, they were clubbed & heard together and being disposed of by this common judgment.
2. Appellants-Dilip Sariwan (A1), Mahendra @ Girdhari Panika (A2), Jai Prakash Yadav (A3), Tirath Lal Kashipuri (A4), Pawan Singh Marco (A5), Smt.Kamta Panika (A6) and Ritesh Verma @ Kaleji (A7) have preferred these six criminal appeals under Section 374(2) of the CrPC questioning the impugned judgment dated 14.12.2022 passed by the Additional Sessions Judge, Pendra Road in Sessions Trial No.10/2020, by which the learned trial Court has convicted appellants-Tirath Lal, Dilip Sariwan @ Sunny, Pawan Marco, Jai Prakash Yadav @ Monu and Ritesh Verma @ Kaleji for offence under Sections 302/34 and 201/34 of the IPC and sentenced to undergo undergo imprisonment for life and fine of Rs.1000/-, in default of payment of fine to further undergo RI for six months and RI for five years and fine of Rs.500/-, in default of payment of fine to further undergo RI for three months. The trial Court has also convicted appellants Tirath Lal, Dilip Sariwan @ Sunny, Pawan Marco, Jai Prakash Yadav @ Monu, Ritesh Verma @ Kaleji, Mahendra @ Girdhari and Kamta Panika for offence under Section 120B of the IPC and sentenced to undergo RI for ten years and fine of Rs.1000/-, in default of payment of fine to further undergo RI for six months.
3. Case of the prosecution, in nutshell, is that complainant Supet (PW-1) lodged merg intimation at Gaurela Police Station at 7.40 A.M. on 16.08.2020 to the effect that yesterday at 17.00 P.M. on 15.08.2020 his nephew deceased Durgesh Panika, resident of Kadamsara, Chhirhatola, Police Station Jaithari, village Medhuka came to his house and said that uncle give your motorcycle, his motorcycle is consuming too much oil, I will go to my in-laws village Korja, Jhagrakhand. Saying this, his nephew Durgesh took his motorcycle and left his motorcycle to his house. He does not know whether his nephew went to his in-laws village or not. On 16.08.2020 at about 7 A.M., his nephew Ajesh Kumar informed over the phone that his motorcycle bearing number was lying in the main road near Gulab Raj’s motor pump near Harratola and dead body was also lying there. When he went there, he saw that it was his motorcycle and the dead body lying was that of his nephew Durgesh Panika, on which deep wound mark was visible on the back of his head. It appeared to be a case of murder by an unknown person using a deadly weapon. Based on this information, Marg Intimation (Ex.P-1) was registered, followed by a First Information Report (Ex.P-2). The investigating officer went to the scene, conducted an inspection and prepared a spot map (Ex.P-4) and a panchnama (Ex.P-3). The body of the deceased Durgesh Panika was sent to M.C.H. Sanatorium Hospital, Gourala for postmortem, where Dr.B.S.Paikra (PW-9) conducted postmortem vide Ex.P-5) and found following injuries:-
ii. Incised wound vertex 5x1cm depth fracture vertex bone.
iii. Incised wound 3x 5cm with fracture frontal bone with bleeding.
iv. Abrasion over left shoulder 3x2 cm. caused by hard and rough object.
The doctor has opined that cause of death was due to head injury and the death was homicidal.
4. A spot map of the incident site, Harra Tola, was prepared by the investigating officer vide Ex.P-6. Suspicion arose due to strained relationship between the deceased and his wife, Kamata Panika, and her affair with a person named Tirath. Kamata Panika, her brother Mahendra @ Giridhari Panika, and other accused were taken into custody and questioned. The accused Tirathlal, Dilip Sariwan, Pawan Singh, Jaiprakash, and Kamata Panika stated in their memorandum that Kamata and Tirath had a love affair and they had physical relationship se
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