Ajaj Ali @ Monu vs State Of Chhattisgarh

Arvind Kumar Verma, J

Heard.

The present appeal is directed against the judgment of conviction and order of sentence dated 24/01/2022 passed in Sessions Trial No. 189/2019 by the VIII Additional Sessions Judge, Raipur, C.G. whereby the appellant has been convicted and sentenced as under:-

Conviction

Sentences

Under Section 302 of IPC

Life imprisonment with fine of Rs.1000/-, in default of payment of fine rigorous imprisonment for 2 years.

Under Section 25 (1-B) (B) of the Arms Act.

Rigorous imprisonment for 1 year and fine of Rs.500/-, in default of payment of fine amount to further undergo RI for 1 month.

Under Section 27 of the Arms Act.

Rigorous imprisonment for 03 years and fine of Rs.500/-, in default of payment of fine amount to further undergo RI for 1 month.

Case of the prosecution in brief is that a report was lodged by Abdul Wasim in the police station Tikrapara alleging therein that on the afternoon of 25.05.2019, he along with his friend Mohammad Irfan went to his brother Mohammad Akil's (henceforth ‘the Deceased’) house for some work where his sister-in-law told him that his brother had gone to Gokul Nagar to meet Ezaj, then he also left for Gokul Nagar with his friend. It is alleged that on reaching near the veterinary hospital at around 03:30 pm, he saw that the accused/appellant was continuously stabbing the Deceased on the neck by a knife. Subsequently, the appellant seeing him, pushed the Deceased into the drain and ran away from there. It has been alleged that when he reached to the Deceased, he was lying in the drain on the roadside, his throat was badly slit and he died on the spot. It is alleged that the Deceased had borrowed a large amount of money to appellant, and he was not returning the money. On this matter, the appellant killed the Deceased by stabbing him on the neck by a knife. On the report of Complainant-Abdul Wasim, the crime was registered and taken up for investigation. During investigation, the dead body of the Deceased was examined; memorandum of the appellant was recorded, seizure action was taken, after sufficient evidence was found against the appellant, he was arrested.

After completing the investigation, a charge-sheet under Section 302 of the IPC and Sections 25 & 27 of the Arms Act was filed. The charges were read over to the appellant.

In order to bring home the offence, prosecution examined as many as 16 witnesses and exhibited 31 documents i.e. Ex.P/1 to Ex.P/31 in its support. Statement of the appellant under Section 313 Cr.P.C was recorded wherein he has pleaded his innocence and false implication in the case.

The trial Court after appreciating oral and documentary evidence available on record, by its judgment dated 24/01/2022 convicted and sentenced the appellant as mentioned in paragraph one of this judgment. Hence, this appeal.

Learned counsel appearing on behalf of appellant submits that the appellant has been falsely implicated in the present case. He submits that there is no eye-witness to the incident. There are material contradictions in the statements of the witnesses. therefore, he prays for acquittal of the appellant by setting-aside the impugned judgment passed by the trial Court

Mr. Nitansh Jaiswal, learned Panel Lawyer appearing on behalf of the State would oppose the submission and submitted that the conviction of the appellant is based on well appreciation of evidence available on record, therefore, there requires no interference in the order passed by the trial Court.

We have heard learned counsel for the parties and have perused the record and evidence with utmost circumspection.

Md. Ashfaq Qureshi (PW1) has deposed that he was informed by Md. Wasim that the Deceased has been killed, then he had gone to Tikrapara where he saw dead body of the Deceased lying in a drain. The police has seized the plain soil as well as blood stained soil in front of this witness. He deposed that the appellant himself came to the police station after riding the Activa of the Deceased and confessed before the police station that due to some money dispute, he had killed the Deceased after cutting his throat. He also deposed that the appellant informed the police that the knife was thrown in the drainage. Subsequently, the police personnel seized the alleged knife at the instance of the appellant. The blood stained clothes of the appellant was also seized. Nothing relevant has come out in his cross-examination.

Abdul Wasim (PW2) has deposed that on 25/05/2019, in the noon at about 3:00-3:15 pm, he had gone to his brother’s house along with his friend, where his Babhi informed that the Deceased had gone to Gokulnagar, then he proceeded to Gokulnagar, and on the way near veterinary hospital, he saw that the appellant was assaulting the Deceased on his neck by a knife. He deposed that the appellant, seeing them, threw the appellant in a drainage and fled away on the Activa of the Deceased. Subsequently, he informed this fact to his friend Ashfaq and other and then Ashfaq and others reached the police station and bring them on spot. In cross-examination, he deposed that he had reached the police station after 5:00 pm and before that the appellant had already reached to the police station. He had seen a cut injury in between the thumb and finger of the appellant.

Aaysha Kutubi (PW3) has deposed that on 25/05/2019, the Deceased saying that he is going to Gokulnagar, left the house at about 2:30 pm. After half an hour, Abdul came to the house and asked about the Deceased, then she informed that the Deceased had gone to Gokulnagar. Subsequently, Abdul also went there and after some time, a call was received by the neighbor that the Deceased has died. In para 3, she deposed that the appellant had borrowed money from her husband (Deceased) and on asking by the Deceaed, he was not returning the same. She deposed that once she was ill and the Deceased had asked for money from the appellant, he refused to return.

Moijjudeen (PW5) has deposed that on the date of incident at about 04:00 pm, he had gone to shop near Tikrapara Station where he came to know that the Deceased has been killed by the appellant at Gokulnagar. Subsequently, he reached to the spot. He deposed in para 4 that the appellant had disclosed to the police about the knife which was used in assault and subsequently took them too for recovering the same.

Dr. Shivnarayan Manjhi (PW13) has deposed that the Deceased was brought before him for medical examination on 26/05/2019. He has done examination of the body at about 11:55 am. During the autopsy he found that there were blood stains on both the thighs and knees of the deceased. Stiffness after death was present on all parts of the body. The upper teeth were visible, blood stains were present on the face, neck, chest and palms of both the hands. He found following injuries:-

A. Stab wound present on left shoulder & scapular region.

(1) Stab wound present on T5 level medial angle of scapular size of 02x01 cm. vertical oblique 10 cm. thoracic cavity deep after cutting skin intercostals muscles which entered into thoracic cavity lungs cut through & through.

(2) 3 cm above from injury no. 1, size 02x01 cm. vertical oblique

06 cm. thoracic cavity deep which entered lateral to medial aspect, after cutting skin intercostals muscles which entered into thoracic cavity lungs cut through & through.

(3) On left medial aspect of scapular region 02x01 cm. vertical oblique 10 cm. thoracic deep which entered medial to lateral, after cutting skin intercostals muscles which entered inte thoracic cavity lungs cut through & through.

(4) On just below to tip of shoulder to left side size of 02x01 cm. vertical oblique 06 cm. thoracic cavity deep which entered lateral to medial aspect, after cutting skin intercostals muscle which entered into thoracic cavity lungs cut through & through.

5) fin upper part of shoulder size of 02x01 cm. vertical oblique 04 cm. thoracic cavity deep which entered lateral to medial aspect, after cutting skin intercostals muscles which entered into thoracic cavity lungs cut through & through.

(6) On just left to mid line at shoulder 02x01 cm. vertical oblique 04 cm. antero posteriorly muscles deep.

(7) On left shoulder deltoid region 02x01 cm. vertical oblique 04 cm. deep lateral to medial muscles deep.

(8) On left arm posterior aspect just above to elbow 02x01 cm. vertical oblique, 04 cm. antero posteriorly muscles deep.

(9) On left scapular region medial aspect on left scapular region 07 cm. below to T1 03x02 cm. vertical oblique thoracic cavity deep after cutting skin vertebral muscles then which entered into left lung through & through, postero anteriorly.

B. On mid part of back T1 level 02in no. 02x01 cm transverse 10 cm. deep, after cutting skin & vertebral muscles which entered in between T1 & T2 then cut spinal cord through & through then entered into lower lobe of left lung through & through, posterior to anterior directed.

C. On right scapular region 03 cm. right to mid line 02x01 cm. transverse 04 cm. muscles deep up to downward.

D. On right arm deltoid region anterior aspect 02x01 cm., 07 cm. muscles deep up to downward.

E. On neck

On left side neck just posterior to left ear lobule 02x01 cm. vertical oblique 06 cm. neck muscles deep up to downward, after cutting skin which entered into carotid vessels through & through. Then entered posterior to trachea...

On neck just below injury no. 01 02x01 cm. vertical oblique 05 cm. neck muscles deep up to downward, after cutting skin which entered into carotid vessels through & through. Then entered posterior to trachea...

On neck just below to injury no. 02, 02x01 cm. vertical oblique 4.5 cm. neck muscles deep up to downward, after cutting skin which entered into carotid vessels through & through. Then entered posterior to trachea..

On nape of neck just left to mid line 03 in no. size of 03x01 cm. transverse oblique at C5 level all are 07 cm. vertebral deep, CS cervical vertebra sharply cut then entered spinal cord through & through up to trachea.

On right side neck 05 cm. below to right mastoid 02x01 cm. vertical oblique 04 cm. muscles deep, down to upward.

Just below to injury no. 05, 02X01 cm, vertical oblique 06 cm. Muscles deep down to upward, which entered into carotid vessels through & through, Then entered posterior to trachea.

F. Incised wound present on Neck anterior aspect just below to thyroid eminence at the level of C6 cervical vertebra size of 16x04 cm. transverse cervical vertebra deep after cutting skin soft tissue, trachea, esophagus & both carotid vessels through & through. Both ends of wound multiple inflictions mark present on skin present on skin all around red color ecchymosis present.

All stab wounds showed one end sharply cut & another is slightly contused with red color ecchymosis.

G. Incised wound present on neck just above to injury F anterior aspect over thyroid eminence at the level of C4 cervical vertebra size of 08x03 cm. transverse cervical vertebra deep after cutting skin soft tissue, trachea, esophagus & both carotid vessels through & through. Both ends of wound multiple inflictions mark present on skin present on skin all around red colour ecchymosis present less then the stab wound.

- All injuries are shows red colour ecchymosis & red clotted blood. Stab wounds more red color then the incised wounds.

- All injuries are fresh.

- Injuries were caused with hard, sharp & pointed object.

- Injuries are sufficient to cause death in ordinary course of nature.

The Doctor opined that death was due to hemorrhage and shock as a result of multiple stab injuries to the body chest & neck region. Death was homicidal in nature. Duration of injuries were within 12 hours, prior to death. Duration of death is within 24 hours prior to postmortem examination. Clothing preserved for chemical analysis. Blood soaked gauze piece for chemical analysis. Viscera preserved for chemical analysis. All article labeled sealed & handed over to police concerned with sample of seal.

Ex.P/23 is examination report of knife which was used in assault. Report shows that it is 21.5 cm in length and 2 cm width from blunt side. The FSL report in the present case is Ex.P/29. It shows that Article -A, blood stained soil, Article- C, Knife, Article-D, full shirt of the appellant and Article-E, pant of the appellant contains human blood. Ex.P/4 is memorandum statement of the appellant. In his memorandum statement, he has deposed that on 25/05/2019, he had killed the Deceased by a knife due to dispute of money and while fleeing from the spot, he had threw the knife in a drain near the spot. The police has seized the said knife at the instance of the appellant.

Perusal statement of the above witnesses and evidence available on record would show that PW2 is an eye witness who had gone to the house of the Deceased where wife of the Deceased told him that the Deceased had gone to Gokulnagar, on which PW2 also proceeded towards Gokulnagar and when he reached near veterinary hospital, he saw that the appellant was assaulting the Deceased on his neck by a knife. This witness has remained firm during his cross-examination. PW3 is the wife of the Deceased who also corroborates the fact that PW2 has come to her house. She also deposed that the appellant had borrowed money from the Deceased and he was not returning the same, and on the date of incident, the Deceased had gone to Gokulnagar for taking money from the appellant. Memorandum statement of the appellant shows that the appellant admitted that he had killed the Deceased due to dispute of money and at this instance, a knife was recovered in presence of the witnesses. The FSL report confirms that Article -A, blood stained soil, Article- C, Knife, Article-D, full shirt of the appellant and Article-E, pant of the appellant contains human blood. No explanation has been given by the appellant in this regard. The Doctor has opined that the injuries sustained by the Deceased might have been caused by sharp edged weapon. Connecting all the evidence with each other, it is very well established beyond all reasonable doubts that the appellant due to dispute of money had committed murder of the Deceased.

In view of the foregoing discussions, we are of the view that the trial Court has rightly convicted and sentenced the appellants under the aforementioned sections and the same does not require any interference.

Accordingly, the Criminal appeal is dismissed.

The trial court record along with a copy of this judgment be sent back immediately to the trial court concerned for compliance and necessary action.