Criminal Appeal No. – 364/2009
HIGH COURT OF CHHATTISGARH, BILASPUR
Date of Judgement: 4th July 2018
Bench: Hon’ble Thottathil B. Radhakrishnan J., Hon’ble Sharad Kumar Gupta J.
Relevant Acts/Sections:
- Section 302 IPC (Punishment for Murder)
- Section 34 IPC (Acts done by several persons in furtherance of common intention)
- Section 120B IPC (Punishment of Criminal Conspiracy)
- Section 201 IPC (Causing disappearance of evidence of offence, or giving false information to screen offender)
- Section 372 Cr. P.C. (No appeal to lie, unless otherwise provided)
- Section 34 IPC (Acts done by several persons in furtherance of common intention)
Branch: Forensic Physics
Backstory
On 22nd October 2003 a female dead body in Ramlal’s field, was seen by Kotwar, Guha Ram, and other persons. On this information complained to Kotraroad Police Station and prepared an inquest report. During the investigation Sachin Dev Shukla stated that on 21st October 2003 at around 01:30 A.M., he had seen all the four accused near the Ambassador car near the crime scene. And the IO identified that the car belongs to Ashok Mishra (accused). Ashok Mishra had a motive to kill Sangita Kalia (deceased). On 21st October 2003, at around 08:00 P.M., accused Ashok Kumar, Harish Patnaik, and Sangita Kalia visited Gopal Mishra (notary) house to notarize the affidavit. Then the accused killed Sangita Kalia and threw her dead body in Ramlal’s field.
The post-mortem was conducted on the deceased dead body. At the crime scene, blood-stained soil and plain soil was seized, moving tyre impressions of the four-wheeler on the soil and paddy plants were seized, on the memorandum of Harish Patnaik one pestle and one pair of slippers was seized, some articles and affidavit of Ashok Mishra was seized, Ashok Mishra Ambassador car bearing reg no. CG-13-ZD-1075 was seized. On examination of car, stains, hair, un-husked rice grain, a green leaf of paddy was present. On the disc of the left wheel, the soil was present. A stained wristwatch was seized from Ashok Mishra blood-stained materials, filter paper, notary register was seized from Gopal Mishra. Under Section 161 Cr. P.C., a statement of witnesses was recorded. They forwarded the seized materials to the RFSL and CFSL for examination.
Postmortem Report
On 22nd October 2003 at around 03:50 P.M., Dr. V.K. Mehta and Dr. Usha Kiran Bhagat conducted the post-mortem of Sangita Kalia. They opined that the death was homicidal, caused because of coma and shock because of head injury, duration was 18-24 hours, and Sangita Kalia was pregnant by 20-22 weeks. The injuries were ante-mortem in nature, caused by a hard and blunt object.
Forensic Report
Chemical examiner S.P. Rai, conducted a benzidine test on driver side window glass, back and front seat roof rexine, the back seat left door, handle of front and back left door, packing rubber (door beat) of two doors, steering steel ring of Ambassador Car reg no. CG-13-ZD-1075 and the test report were positive.
A report of CFSL, Chandigarh, D. Prashad opined that based on physical examination under the microscope, density gradient distribution analysis and ignition loss, the containing soil sample collected from the car reg no. CG-13-ZD-1075 disc found to be like the collected from a crime scene. A report of CFSL, Chandigarh, stated that they collected unhusked ripe grain and grass from the car reg no. CG-13-ZD-1075 is similar in length/breadth ratio compared to the rice plant sample collected from the crime scene.
Judgement
Khemraj Agarwal convicted and sentenced under Section 201/34 IPC, rigors imprisonment for 7 years and with fine Rs. 1,000/-.
Ashok Kumar Mishra, Harish Patnaik, and Amit Mishra convicted under Section 302/34 IPC, life imprisonment with fine Rs. 5,000/-. Convicted under Section 120B IPC life imprisonment with Rs. 5,000/-. Convicted under 201/34 IPC, rigors imprisonment for 7 years, and with fine Rs. 1,000/-.