Radhe @ Radheshyam v. State Of Chhattisgarh
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\'< J NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 486 of 2006 - Radhe @ Radheshyam, S/o Punau, aged about 21 years, Occupation - Cultivator, R/o Turandul, P.S. Korar, District Kanker (CG) ---- Appellant
Versus
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State Of Chhattisgarh Through Police Station) Korar, District Kanker (CG) ~-- Respondent For Appeiiant :
Shri Prakash Tiwari, Advocate.
For Respondent/State :
Shri Rahul Tamaskar, Panel Lawyer.
Hon'ble Shri Justice Pritinker Diwaker Hon'ble Shri .Iusfice R.C.S. Samant M Judgment On Board By Justice Pritinker Diwaker 13/01/2017 This appeal arises out of the judgment of conviction and order of sentence dated 2.6.2006 passed First Additionai Sessions Judge, Kanker, Distt.
Kanker ST No.440/2005 convicting \ under Section of IPC sentencing him undergo imprisonment for life and pay a fine of Rs.500/- with default stipulation. 02.
in the present case, name of the deceased is Punauram, father of the accused/appellant. As per prosecution case, the deceased was a habitual drinker'
account used be quarrel frequently family Used beat Khorinbai (PW-6).
For this reason, Khorinbai advised village head live separately. On the date of incident 30.6.2005 deceased Punauram was forcibly taking his wife along with him and on
way he beat her.
It said accused/appelfant intervened matter and caused club injury on head deceased resulting in his death. FIR (EXP/23) was lodged on 1,7,2005 at 7.10 pm by PW-8 Jagatram, Village Patel, based on which offence under Section IPC registered against immediately thereafter merg intimation EXP/22 was recorded. inquest over dead body prepared vide EXP/8 2.7.2005 thereafter, dead body sent for postmortem, conducted the, same day PW-7 Dr.
P.
Narethi yide EXP/14 wherein he noticed two cut wounds and oplned that the cause of death was coma due to excessive bleeding.
injured Khorinbai (PW-6) was medically examined PW-7 vide EXP/16 who noticed simple EXP/1, pursuant to which club and vest of the appellant were seized vide EXP/2 & P/3 respectively. As per FSL report (EXP/29), btood'was After investigation, charge sheet was filed against the appellant under Section of IPC and accordingly, charge was framed by the trial Court.
O3.
So hold accused/appellant'guilty, examined witnesses all.
Statement accused recorded under Section Cr.P.C.
he denied circumstances appearing against him in the prosecution case, pleaded innocence and false implication.
O4. The trial Court after hearing counsel for the respective parties and considering material available record, impugned
judgment convicted and sentenced the appellant as mentioned above.
05. Counsel for the appellant submits as under: (i) PW-6 Khorinbai, mother appellant, has turned hostile.
(ii) PW-4 Budhram, PW-5 Phulsingh & PW-8 Jagatram are hearsay witnesses and as such, not reliable.
(iii) has been convicted mainly basis seizure club (EXP/2) vest (EXP/3) memorandum (EXP/1), contained blood per FSL report (EXP/29), absence of serological report confirming origin of blood etc.
said circumstance is of no consequence.
(iv) that it is the deceased who first caused injury to his wife (PW-6) as he was habitual drinker and used to quarrel with his wife for money. 06.
On other hand, State counsel supporting impugned judgment has submitted judgment impugned strictly accordance with law illegality or infirmity its warranting interference by this Court, O7.
Heard counsel for the respective parties and perused the material on record.
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08. PW-i Dhanaji and PW-2 Punnuram are witnesses of memorandum EXP/1 seizure (EXP/2 & P/3) of club and vest of the However, they have not fully supported case.
PW-3 Vijay Patel, Patwari, prepared spot map EXP/5 & P/6.
PW-4 Budhram, Village Kotwar, and PW-5 Phulsingh are hearsay witnesses. Howevergboth these witnesses have stated that the deceased was
the habit of consuming liquor, he used to beat his wife, for which the matter reported police.
PW-6 Khorinbai, deceased and mother of the appeiiant, has turned hostile. She too has stated that as the deceased was a habitual drinker, he used to sell the paddy, on account of which there used to be quarrel in the family. 09.
PW-7 Dr.
Pl Narethi conducted postmortem on the body 2.7.2005 vide EXP/14 noticed following symptoms/injuries:
(i) cutwound in left pinna, (ii) cut wound in back of left ear of size 5 x 2 x t cm, (iii) cut wound in forehead in frontal region of size 3 x 2 x 1 cm.
opinion, the cause of death was coma due to excessive bleeding and the death was homicidal in nature, 10.
PW-8 Jagatram is the lodger of merg intimation and FIR' He a hearsay witness.
He has not supported case and has been declared hostile. PW-9 Dayaram, PW-tO Basant, PW-tt Gyan Singh and PW-12 Ramprasad have also turned hostile. PW-13 KR Pandey. investigating officer, has supported the prosecution case. 11.
As per FSL report (EXP/29), blood was found seized articles club.
vest However, serological report on record confirming the origin of blood etc. 12.
Close scrutiny evidence makes it clear that there idence against the appellant connecting him'with legally admissible ev crime question All important witnesses either turned hostile or are hearsay witnesses and as such, based on
their evidence inference guilt cou1d be drawn against Conviction based circumstantial evidence, mainly being the recovery of club and vest of the appellant, which was subsequently found be stained with blood per FSL report.
13.
lt by now well settled a case based circumstantial evidence, the circumstances from which the conclusion of guilt is to be drawn not only be fully established al-l circumstances so established should be a conclusive nature consistent only with the hypothesis of the guilt of the accused. Those circumstances should not be capable of being explained by any other hypothesis except guilt accused chain evidence must be so complete as not to leave any reasonable ground for the belief consistent with the innocence of the accused. lt needs no reminder legally established circumstances not merely indignation of the court can form the basis of conviction and the more serious the crime, the greater should be the care taken to scrutinize the evidence lest suspicion takes the place of proof. 14.
Keeping mind aforesaid principles law relating circumstantial evidence, close scrutiny entire evidence it emerges that the trial Court held guilty on basis recovery of bloodstained club and vest at his instance. However, from perusal of the statements of memorandum and seizure witnesses PW-1 Dhanaji PW-2 Punnuram, it evident that they have'not fully supported the prosecution case and no such disclosure statement was made'by the appellant before these witnesses. This apart, though
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@ per FSL report, b!ood was found on aforesaid articfes, absence of serological report, ft coufd not be conclusively said that the bIOOd so noticed on the articles was of the deceased. The prosecution ought been careful vigilant establishing its case, proving each every circumstance hilt, negate possibility of innocence of the appellant beyond all reasonable doubt.
Unfortunately, it has not been done in the present case.
discharged and he need not surrender.
sd/I W'
l Sd/- it", (PritinkerrDiw'aker) (R.C.S. Samant) Judge '
Judge Khan