Harradipa, P.S. Sanna, District Jashpur Chhattisgarh v. State of Chhattisgarh Through Station House Of
Case Details
1 2025:CGHC:12881 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2315 of 2023 Mahavir Ram S/o Sohra Ram Aged About 50 Years Caste Uraon R/o Sukhapokhar Harradipa, P.S. Sanna, District Jashpur Chhattisgarh ... Appellant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Sanna, District Jashpur (Chhattisgarh) ... Respondent For Applicant : Ms. Itu Rani Mukherjee, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 18.03.2025 1. This appeal is directed against the judgment of conviction and order of sentence dated 03.11.2023 passed by the learned Sessions Judge, Jashpur, District Jashpur, in Sessions Trial No. 55/2021 whereby the learned Sessions Judge after holding the appellant guilty for the offence punishable under Section 304 Part-II of the Indian Penal Code sentenced him to undergo rigorous imprisonment for 10 years with fine of Rs.100/-, in default of payment of fine additional imprisonment for two months.
Legal Reasoning
ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.20 12:50:01 +0530 2 2. Judgment of conviction and order of sentence is challenged on the ground that without there being an iota of evidence the trial Court has convicted and sentenced the appellant as aforementioned and thereby committed an illegality. 3. Case of the prosecution, in brief, is that the complainant, Savitri Bai, filed a report at Sanna Police Station stating that she is a resident of Sukhapokhar Harradipa, and works as an Anganwadi helper. Her cousin, Nanki Bai, was married to Mahavir Ram in 2005, and they had four children. On 31.03.2021, at 6:00 pm, villagers Bila Bai and Radha Bai informed Savitri Bai that Mahavir Ram had severely beaten Nanki Bai. Savitri Bai, along with village panch Ashila Yadav, went to see Nanki Bai, who was lying in her house with injuries on her face, swelling, and bleeding near her eye. Nanki Bai stated that Mahavir Ram, under the influence of alcohol, had beaten her with a beer bottle on 29.03.2021, at 1:00 pm, and also kicked her in the chest. Nanki Bai was taken to the hospital for treatment, where she was referred to the district hospital in Jashpur. She was admitted on 01.04.2021, and died on 06.04.2021, during treatment. 4. A case was registered at Sanna Police Station merg No. 0/2021 under Section 174 of the Cr.P.C. to investigate the cause of death. An FIR No. 30/2021 was registered under Section 302 of the IPC. The site plan Ex. P/2 and P/7 and a map of the scene Ex.P/8 were prepared. 5. Post-mortem examination was conducted by Dr. Neelam Toppo, who found that the cause of death was cardio-respiratory arrest due 3 to fractured rib and brain hemorrhage. The post-mortem report Ex. P/25 stated that the death occurred within 24 hours of the examination. The police arrested the accused, Mahavir Ram, and seized a broken beer bottle at his instance vide Ex.P/11. The accused's statements were recorded vide Ex.P/10, and he was arrested as per Ex. P/12. His family members were informed about his arrest vide Ex.P/14. 6. Statements of witnesses were recorded under Section 161 of the Cr.P.C. After completion of the investigation, the charge-sheet has been filed before the competent Court, from where the case has committed for trial to the Court learned Sessions Judge Jashpur, District Jashpur (C.G.) where the trial of the case has been commenced in Sessions Trial No. 55/2021. 7. In order to prove the guilt of the accused/appellant, the prosecution has produced as many as 17 witnesses for supporting of the case of the prosecution. The appellant has denied the charge leveled against him under section 313 of Cr.P.C. on the plea of innocence and he has not produced any witness for his defense and has requested for trial. 8. Learned Sessions Judge, Jashpur after affording an opportunity of hearing to the parties, convicted and sentenced the appellant as aforementioned. Hence, this appeal. 9. Learned counsel for the appellant submits that the learned trial judge erred in holding that the appellant committed the offense under Section 304 (Part-II) of the IPC. The learned trial court failed 4 to consider that the prosecution falsely implicated the appellant based solely on suspicion, and that the appellant did not commit the murder of his wife, the deceased. He further submits that the learned trial Court failed to consider that there was no direct or circumstantial motive found for the appellant to commit the murder of the deceased. He also submits that the learned trial Court failed to recognize that the prosecution did not produce any documents regarding the seized articles and that the appellant was implicated as an accused based solely on suspicion, which is unsustainable in the eyes of the law. The learned trial Court acquitted the appellant of the charge under Section 302 of the Indian Penal Code but failed to appreciate the need to acquit the appellant of the offense under Section 304 (Part-II) of the IPC. 10. On the other hand, learned counsel for the State/respondent supported the judgment impugned and argued that as per case of the prosecution the appellant, under the influence of alcohol, had assaulted the deceased, who is his wife, with a beer bottle, due to which she succumbed. The prosecution has proved its case beyond reasonable doubts by way of evidence. He further submits that looking to the seriousness of crime, the appellant is not at all entitled for any sympathy by this Court, therefore, the appeal deserves to be dismissed. 11. I have heard learned counsel for the parties and perused the judgment impugned and record of the trial Court. 12. In order to establish the complicity of the appellant in the crime in 5 question, the prosecution has examined Aasmani Bai (PW-3), who stated that the accused, Mahabir, is her father, and Nanki Bai is her mother. On the day of Holi, she saw her father beating her mother with a stick, which caused injuries to her mother's chest. Her father had not gone out on Holi, and she and her siblings had gone out to play Holi with their friends. After playing Holi, they returned home, where her mother was present. Her mother used to fetch water from the well, and on the day of Holi, she had consumed alcohol. However, there is no evidence to suggest that her mother, Nanki Bai, had fallen anywhere. The witness did not provide any specific time for their return after playing Holi, and instead, denied returning between 3-4 pm. Therefore, it cannot be inferred that the witness was not present at the time of the incident. The witness's testimony that her father, the accused, beat her mother, Nanki Bai, in her presence, causing injuries, remains unchallenged and reliable. 13. Savitri Bai, PW-4, stated that the deceased, Nanki Bai, was her cousin sister. Nanki Bai was married to the accused in 2005 and had two sons and two daughters. The incident occurred on Holi day. Radha and Vila Bai informed her that her brother-in-law had beaten her sister, and she went to see her. Earlier, her sister and brother- in-law used to fight with each other. When she asked her sister what had happened, she replied that her brother-in-law had beaten her. Her sister had injuries on her face, chest, and near her eyes, and blood was oozing from her ear. She felt that her sister's condition was critical, so she called the 108 ambulance through the Mitannin 6 (village health worker) and brought Ashila Yadav, a village panch, to see her sister. They first took her sister to the Sanna hospital for treatment, and when her condition did not improve, they brought her to the district hospital for further treatment. The deceased died five days after the incident. 14. In the present case, Aasmani Bai (PW-3) testified that on the day of the incident, she witnessed her father beating her mother, Nanki Bai, with a stick, resulting in injuries to her mother's chest. Her father had not left the house on Holi, and she and her siblings had gone out to play Holi with friends. After playing, they returned home and found find her mother present. Normally, her mother would fetch water from the well, and on that particular Holi day, she had consumed alcohol. However, there is no evidence suggesting that Nanki Bai had fallen anywhere. Aasmani Bai did not specify the exact time of their return after playing Holi and denied returning between 3-4 pm. Therefore, it cannot be assumed that she was absent during the occurrance of the incident. Her testimony that her father, the accused, beat her mother in her presence, causing injuries, remains uncontested and credible. Furthermore, Savitri Bai (PW-4) stated that her sister, Nanki Bai, and brother-in-law (the accused) used to fight with each other. When Savitri Bai inquired about her sister's condition, Nanki Bai revealed that her brother-in- law had beaten her. Recognizing the severity of her sister's condition, Savitri Bai summoned the 108 ambulance through the Mitannin (village health worker) and brought Ashila Yadav, a village panch, to attend to her sister. Initially, they took Nanki Bai to the 7 Sanna hospital for treatment, and when her condition did not improve, they transferred her to the district hospital for further treatment. Nanki Bai succumbed to her injuries five days after the incident. 15. Dr. Neelam Toppo, PW-14, stated that she has been working as a Medical OfÏcer at the District Hospital, Jashpur, since November 2020. On 07.04.2021, she conducted the post-mortem examination of the deceased, Nanki Bai, at 12:45 pm. The deceased was identified by her relatives, Mahru Ram, Sukri, and Raju. The post- mortem report Ex.P/25 revealed that the cause of death was cardio- respiratory arrest due to a fractured rib and brain hemorrhage. The death occurred within 24 hours of the examination. The post- mortem report also mentioned that the deceased had injuries on her face, including a contusion on the right temporal and parietal region, and a lacerated wound on the right side of the chest. The report also stated that the deceased had a fractured 8th, 9th, and 10th rib on the right side, and a torn pleura. The report concluded that the death was due to cardio-respiratory arrest caused by the injuries. 16. Dr. Neelam Toppo further stated that on 29.04.2021, she received a query from the police regarding the seized articles, including a broken beer bottle. She opined that the injuries on the deceased's body could have been caused by the broken beer bottle. In her cross-examination, Dr. Neelam Toppo stated that the query report Ex.P/22 mentioned that the injuries on the deceased's body could have been caused by a blunt and sharp object. She also stated that the nature of the injuries was not mentioned in the post-mortem 8 report Ex. P/25. The police did not ask her about the nature of the injuries. 17. Dr. Sunil Kumar, who initially examined the deceased, stated that he found severe lacerated wounds on her head and referred her to the district hospital in Jashpur. The bed head ticket Ex.P/26 revealed that the deceased had severe head injuries and was in a critical condition. The investigation revealed that the deceased died due to cardio-respiratory arrest caused by the injuries sustained by her. The injuries were severe, including a fractured rib, torn pleura, and lacerated wounds on the head and chest. The post-mortem report and the testimony of Dr. Neelam Toppo and Dr. Sunil Kumar corroborate each other, and their statements appear to be true. 18. After appreciating the evidence available on record, the trial Court and sentenced the appellant as aforementioned and further relied upon the statements of the witnesses, namely, Aasmani Bai (PW-3) and Savitri Bai (PW-4), it appears that the deceased, namely, Nanki Bai and the appellant/accused, used to fight each other and were in a influence of the alcohol, and it cannot be refuted that Aasmani Bai (PW-3), daughter of the accused, was present at the time of incident and saw her father beating her mother, and also when Savitri Bai (PW-4) visited her sister's home to see her the deceased told her that her brother-in-law has caused injury to her and as a result of such injury she died on 06.04.2021 during her treatment. The trial Court has convicted the appellant under Section 304 Part- II of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for 10 years. 9 19. Taking into consideration the cause of death of the deceased by inflicting injury, sentence imposed upon the appellant is neither excessive nor unjust, as such no interference is called for in the impugned judgment and order passed by the trial Court. 20. Consequently, the appeal has no merit, same is liable to be dismissed and is accordingly dismissed. 21. It is stated at the Bar that the appellant is in jail, he shall serve out the sentence as ordered by learned trial Court. 22. Let a copy of this judgment and the original record be transmitted to the trial court concerned forthwith for necessary information and compliance. 23. Registry is directed to send a copy of this judgment to the concerned Superintendent of Jail where the appellant is undergoing his jail term, to serve the same on the appellant informing him that he is at liberty to assail the present judgment passed by this Court by preferring an appeal before the Hon’ble Supreme Court with the assistance of the High Court Legal Services Committee or the Supreme Court Legal Services Committee. Sd/- (Ramesh Sinha) Chief Justice Abhishek