Inadequate confrontation of the accused with incriminating evidence under Section 313 Cr.P.C. constitutes a violation of the right to a fair trial, necessitating case remittance for proper re-evaluation.

JUDGMENT :

AMAR NATH (KESHARWANI), J.

1. This is an appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 (In short “Cr.P.C.”) against the judgment, dated 29.04.2009 passed in Sessions Trial No. 94/2009 by learned Additional Sessions Judge, Amarwada, District Chhindwara whereby the appellant was held guilty for committing an offence punishable under Sections 302 and 201 of INDIAN PENAL CODE (hereinafter referred as “IPC”) and directed him to undergo sentence of life imprisonment with fine of Rs.1000/- and R.I. for 7 years with fine of Rs. 1000/- respectively, with default stipulation.

2. The prosecution story, in brief, is that on 08.03.2009, information was given by ‘Janpad Sadasya’ Haridas Verman (PW-3) s/o Likhi Ram Verma r/o Babutota on the mobile phone of Inspector Vinod Shrivastav, S.H.O. Amarwada, that in Banjara Mohalla of Village Babutola, a man was murdered and burned by appellant Sunil Verma. On the said information, S.H.O. Vinod Shrivastav (PW-13) has entered that information in Roznamchasanha as entry no. 445 at 07:30 A.M. and proceeded towards the spot to look into the matter. When Inspector Vinod Shrivastav (PW-13) reached the spot at around 09:00 AM, informer/complainant Ku. Bhujlo Bai (PW-1) has informed Inspector Vinod Shrivastav (PW-13), at village Babutola that she is a resident of “Banjara Mohalla of Village Babutola and she does household chores. On Saturday night, at around 11:00 PM, when she was sleeping in her house, suddenly someone pushed the door of her house, she woke up and when she looked through the space between the door, she saw that Sunil Verma (appellant) was standing in front of the door and put on the door latches of her house from outside and went away. Then she got out of her house from the backdoor and saw that appellant was chasing a man while coming from the road passing by Jagdevs and Deepchand's house, and while doing so, he was throwing stones at the deceased, some of the stones hit him and he fell down but the appellant continued to hit him with stones and after that appellant caught hold of the leg of that person (deceased) and dragged him in front of the house of Gaura Bai (PW-5). Subsequently, he collected pieces of ‘Tatera’ from the nearby area and put them over the body of deceased and set it on fire and again he (appellant Sunil Verma) picked a stone from there and thrown them at the burning man who was lying on the ground. She got scared and went back inside her house. On the next day, at around 06:00 A.M., she came out from the back side of her house and saw that the man, who was beaten by appellant and set on fire was lying dead there and further informed that the man who was lying dead was Annilal Dheemar and informed that Annilal Dheemar was killed by hitting stones and burnt afterward by Sunil (appellant) and the same was seen by Gauri Bai (PW-5) and Dashoda Bai (PW-2). On the said information, Inspector Vinod Shrivastava (PW-13) registered Dehati Nalishi (Ex.P/1) on spot and has also lodged Dehati Merg intimation (Ex.P/2). After Merg-inquiry, First Information Report Crime No. 80/2009 under Section 302 of I.P.C.(Ex. P/18) was registered at Police Station- Amarwada, District-Chhindwara.

3. During the investigation, spot map (Ex.P/3) was prepared and blood stained soil samples, stones, blood stained half burnt pieces of wood, pieces of burnt clothes and ashes were seized as per the seizure memo (Ex. P/6) from the place of incidence. Naksha-