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2023 Supreme(Online)(Chh) 11592
CHHATTISGARH HIGH COURT
R. S. Sharma, J
Chingdu Kashyap v. State of Chhattisgarh
Criminal Appeal No. 348 of 2014
For the Appellant: Mr. Manoj Kumar Jaiswal
For the Respondent: Mr. Sudeep Verma
Prosecution must prove homicidal death beyond reasonable doubt for conviction under S.302 IPC; failure results in acquittal.
Headnote:(A) Indian Penal Code, 1860 - Sections 299, 300, 302 - Criminal appeal against conviction for murder - Prosecution failed to establish that the death of the deceased was homicidal in nature, which is essential for conviction under S.302 IPC - The decomposition of the body impeded the determination of cause of death, warranting benefit of doubt to the accused. (Paras 22, 26)
(B) Legal Standard of Proof - The onus to prove the guilt of the accused rests on the prosecution, and the failure to establish crucial elements such as the nature of death and connection to the accused results in acquittal. (Paras 25, 26)
Facts of the case:
The appellant was convicted for strangling and assaulting his wife, resulting in her death, as per the prosecution's assertion. However, significant gaps and a lack of definitive proof in establishing the circumstances surrounding her death were present.
Findings of Court:
The prosecution's failure to prove that the deceased died of homicide led to the overturning of the conviction, allowing for the appellant's acquittal.
Issues: The primary issues included whether the death of the deceased was homicidal and whether the appellant was indeed responsible.
Ratio Decidendi: The court underscored the necessity of establishing homicidal death for a conviction under S.302 and that gaps in evidence must favor the accused.
Result: Appeal allowed; appellant acquitted.
| Table of Content |
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| 1. conviction for murder requires proof of homicidal death. (Para 1 , 2 , 3 , 4) |
| 2. accused must explain circumstances of the deceased's death. (Para 8 , 24 , 25) |
| 3. failure to prove homicidal death results in acquittal. (Para 17 , 26) |
1. This criminal appeal under S.374(2) of CrPC is directed against the impugned judgment dated 13/02/2014 passed by learned Sessions Judge, Bastar Place - Jagdalpur in Sessions trial No. 78/2012 whereby the appellant has been convicted for offence punishable under S.302 of IPC and he has been sentenced to life imprisonment till death with fine of Rs. 2000/-.
2. Case of the prosecution, in brief, is that the appellant herein, with the intention of causing death of his wife Manbati, strangulated her and assaulted her with tangiya (axe) by which she suffered grievous injuries and died and he, thereby, committed the aforesaid offence.
3. Further case of the prosecution is that on 24/02/2012 at about 12:30 PM, Banmali Kashyap (P.W. - 3) lodged a report that on 19/02/2012, his daughter Manbati and son - in - law (appellant) came to his house at Village Aadawal along with their 4 years old son Suraj and told him that both of them were going to Sumalwada temple on the eve of Mahashivratri and left their son with him and told him that they will return shortly to take their sonA but they did not return to take their son as they had informed earlier. After a period of 5 days, on 24/02/2012, Kotwar of village Bilouri Santoram Kashyap (P.W. - 6) and Upsarpanch Girdhar Sinha (P.W. - 11) went to Village Aadawal and informed Banmali Kashyap (P.W. - 3) that the house in which his daughter and son - in - law used to reside has been locked from outside and a foul smell is coming from inside and they suspect that something has happened to his daughter. Thereafter, Banmali Kashyap (P.W. - 3) accompanied them and went to his daughter's house and found that the house was locked from outside. He along with other villagers went to the roof and when he Removed the stones, he saw that the dead body of his daughter Manbati was lying .inside the room and flies were buzzing" around her. He called the Police and informed about the same at Police Station Frezerpur. Police reached on the spot and broke the lock and entered inside the house and found that dead body of Manbati was lying on the floor and she was covered with a blanket. When they removed the blanket, they found that she had been assaulted with a sharp edged weapon in her ribs and back and the appellant herein was found absconding.
4. Pursuant thereof, dehati nalishi was registered at Police Station Frezerpur vide Ex. P / 3 and after issuing summons to the witnesses under S.175 of CrPC vide Ex. P / 4, inquest was conducted vide Ex. P / 5. The dead body of Manbati was sent for postmortem to Maharani Hospital, Jagdalpur which was conducted by Dr. Sanjay Basak (P.W. - 7) and as. per the postmortem report (Ex. P / 12), cause of death could not be specifically ascertained as the body had decomposed and it had been damaged by maggots and it had turned blackish in colour. From the spot, door handle, lock, plain soil as well as blood stained soil were seized vide Ex. P / 11 and after taking the appellant into custody, his memorandum statement was recorded vide Ex. P / 7 and at his instance, bloodstained axe was seized vide Ex. P / 8 and the said seized articles were sent for FSL. On 25/05/2012, the Station House Officer, Police Station Frezerpur had made a query to Dr. Sanjay Basak (P.W. - 7) as to whether the deceased could have died on account of the injuries suffered by her in her ribs and stomach to which the Doctor had replied in affirmative vide query report (Ex. P / 15). Thereafter again on 28/05/2012, query had been made by the S.H.O. as to whether deceased had died due to strangulation to which the Doctor had replied vide query report (Ex. P / 13) that tongue of the deceased was protruding and it was bitten by her teeth, however, since her body had decomp
