Research › Search › Judgment

Chhattisgarh High Court · body

2024 DIGILAW 461 (CHH)

Sandeep Tigga S/o Tejram v. State of Chhattisgarh

2024-06-25

GOUTAM BHADURI, RAJANI DUBEY

body2024
JUDGMENT : Goutam Bhaduri, J Heard. 1. This criminal appeal preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure is directed against the impugned judgment dated 30/12/2020 passed by the Additional Sessions Judge, Pathalgaon, District Jashpur, C.G. in Sessions Trial No.31/2019 whereby the appellant has been convicted and sentenced as under:- Conviction Sentence Under Section 302 of IPC Life Imprisonment and Fine of Rs.500/- Under Section 201 of IPC R.I. for 5 years and fine of Rs.500/- In default of payment of fine amount further R.I. for 6-6 months for each offence. Both the sentences shall run concurrently. 2. (A). The case of the prosecution, in brief, is that on 11/07/2019 at about 9-10 am the complainant Purnima Chouhan (PW-1) along with her husband Sandeep Tigga, the accused, and the children were in the home and on some interaction, initially the accused tried to strangulate the wife, however, the wife escaped and along with her two children she came to the courtyard. Thereafter, the accused came with an axe and chased them to kill. At that time, the elder daughter Palak (since deceased), aged about 6 years, was left inside the house and the complainant asked her daughter also to run away. Subsequently, after some time she did not find her daughter; called her brother-in-law; and asked him to call the accused. Then the family members, on being asked by the complainant, went to her house and when they came back stated that the blood was scattered on the floor and they felt that the daughter has been buried into the ground inside the room. (B). The deceased when was not found the complainant along with the nearby residents came and saw that the blood was scattered in the house and the accused had killed his own daughter and buried inside the room. Thereafter, on the report of the complainant, the merg intimation Ex. P/1 and Dehati Nalsi Ex. P/2 were registered. The dead body was exhumed by Ex. P/6 and Panchnama was prepared and thereafter the dead body was sent for postmortem. After the postmortem, it was revealed that the death was homicidal in nature, pursuant to which the offence under Section 302 & 201 IPC was registered. Thereafter, the accused was apprehended and his memorandum statement was recorded on the same date i.e. on 11/07/2019 and the axe was recovered by Ex. After the postmortem, it was revealed that the death was homicidal in nature, pursuant to which the offence under Section 302 & 201 IPC was registered. Thereafter, the accused was apprehended and his memorandum statement was recorded on the same date i.e. on 11/07/2019 and the axe was recovered by Ex. P/10 and from the spot blood stained soil; broom; one iron belcha; and one crowbar (sabbal) were seized. Thereafter, after recording of the statement of the witnesses, the charge-sheet was filed. 3. The appellant before the sessions Court abjured his guilt during trial and claimed to be tried. The prosecution on its behalf examined as many as 15 witnesses and exhibited 31 documents. The accused in his statement under Section 313 Cr.P.C. stated that he has been falsely implicated and the learned sessions Court after evaluating the facts & evidence convicted the accused as aforesaid. Hence this appeal. 4. Learned counsel for the appellant would submit that there is no eyewitness to the incident and it is only on presumption the accused has been inculpated. He would further submit that the accused was not in a fit mental state of affairs and was lunatic which has been admitted by the witnesses including the wife that the accused was half mind and he was treated at Ranchi (Jharkhand), therefore, even if it is held that the appellant has committed the crime, the benefit of Section 84 of the IPC should have been given to him and the sentence for life can be deleted in such case. Accordingly, the instant appeal is liable to be allowed and the judgment of conviction and order of sentence is liable to be set aside. 5. Ex-adverso, learned State counsel would submit that there is no iota of evidence or defence taken before the Magistrate or during the trial that the appellant/accused was suffering with mental disorder or was a lunatic. He would further submit that the evidence of Purnima Chouhan (PW-1), who is the mother of the deceased and wife of the accused, who has stated that she ran away with two children and the accused assaulted one daughter who remained in the house, this fact remained unrebutted and when the defence of mental disorder has not been taken initially the same cannot be taken at the subsequent stage. He placed his reliance on the dictum laid down by the Supreme Court in the matter of Prem Singh Vs. State (NCT of Delhi) { (2023) 3 SCC 372 } and would submit that in a similar likewise situation the Court has completely shut down the subsequent enquiry or post behavior after the commission of crime. He would further submit that the blood stained axe was containing human blood as proved by the FSL, therefore, the offence was fully proved as no doubt can be created. Consequently, the judgment passed by the learned Sessions Judge is well merited which do not call for any interference. 6. We have heard learned counsel for the parties and perused the evidence. 7. According to the prosecution on the fateful day on 11/07/2019 the complainant Purnima Chouhan (PW-1) and the accused, who are the husband and wife, were in the house along with their children. Purnima Chouhan (PW-1), narrating the incident stated that initially she was called by her husband i.e. the accused and she could not come immediately and came to the husband after some time. In such reciprocal behaviour, he got agitated and tried to strangulate the wife. On such attack by the accused the complainant could flee her somehow and secured herself. Thereafter, the accused made a blow to the jackfruit tree in the house against which she again could save herself and caught hold of her two children and started running away. At that time, one of the daughters namely Palak, aged about 6 years, was left inside the house, the complainant also asked her daughter to run away. This witness further stated that the accused while holding the axe was shouting. Thereafter, she informed the incident to her in-laws and also informed that one daughter Palak was left inside the house. On such disclosure the family members namely Sanjay Tigga (PW-2) & Niro Bai Tigga (PW-3), who are the brother-in-law & sister-in-law went inside the house and saw that the blood was scattered on the floor and told that it seems that some fresh burial has been made inside the room. Thereafter, the complainant also went inside the house and saw that the blood was scattered on the floor and she did not find her daughter Palak. Thereafter, the complainant also went inside the house and saw that the blood was scattered on the floor and she did not find her daughter Palak. Thereafter, the site wherein it was apprehended that fresh burial has been made, it was excavated and dead body of her daughter Palak was recovered. Reading of the exhumation panchnama Ex. P/6 it would show that inside the house the dead body, which was buried in the ground, was exhumed. It was identified by PW-1 Purnima as the same was dead body of her daughter Palak. 8. The map of the place/house was prepared by Ex. P/3 & P/4. Perusal of it would show that the burial place was inside the house i.e. a shop. Prunima Chouhan (PW-1) stated that the excavation took place in her presence and she identified the dead body. Inquest report was prepared by Ex. P/9 and the postmortem was suggested. The postmortem report is Ex. P/14 which is proved by Dr. J. Minj (PW-12). On examination of the dead body of the deceased child, the following injuries were found on the backside of the neck:- (i) Incised wound in the size of 3cm x 1cm upto bony point vertical. (ii) Incised wound just below first wound in the size of 4cm x ½ cm upto bony point. (iii) Incised wound in the size of 7cm x ½ cm below second wound skin deep. According to the opinion of the doctor the death was due to multiple injuries on head and mode of death was hemorrhagic shock and it was within 30 hrs of the injury and the nature was homicidal. 9. The accused was arrested immediately on the same day. On the basis of the statement of the wife, the merg intimation was registered vide Ex. P/1 and subsequently the Dehati nalisi was also registered vide Ex. P/2. Statement of the wife Purnima Chouhan (PW-1) given to the police and before the Court the similar incident was narrated in the statement given by Niro Bai Tigga (PW-3) under Section 161 Cr.P.C. which is marked as Ex.P/7. The memorandum statement of the accused was recorded after the arrest on 11/07/2019 vide Ex. P/9 (A). P/2. Statement of the wife Purnima Chouhan (PW-1) given to the police and before the Court the similar incident was narrated in the statement given by Niro Bai Tigga (PW-3) under Section 161 Cr.P.C. which is marked as Ex.P/7. The memorandum statement of the accused was recorded after the arrest on 11/07/2019 vide Ex. P/9 (A). The witness to the memorandum Jagmohan (PW-5) has supported the same and on the basis of such memorandum, the seizure was made and the axe was recovered which was kept below the almirah in the bedroom vide Ex. P/10. The said axe was sent for query to the doctor by Ex. P/15. Dr. J. Minj (PW-12) and on examination of such weapon affirmed the fact that the nature of injury which was sustained could have been caused by such weapon. 10. The evidence, therefore, which was collected, would show that at the relevant time Purnima Chouhan (PW-1), who was inside the house, with whom on some quarrel the appellant tried to strangulate her to which she could escape somehow and thereafter the accused holding an axe in his hand came back. At such moment, in order to save herself and children, Purnima PW-1 ran away along with two children but one of the children i.e. the elder daughter was left behind and she also asked her to run away, therefore, the accused and the only daughter, who was killed, were left in the house. After some time when the family members went inside the room in the house they found that fresh burial has been made and on excavation, the body of the child was exhumed, which was identified by the mother Purnima Chouhan (PW-1). The injuries which were found on the dead body of the deceased were caused by the weapon which was seized at the behest of the accused. Apart from the said recovery of axe made at the behest of the accused other articles i.e. the blood stained soil; one broom; one iron Belcha; and one crow bar were recovered. 11. The said articles along with the shirt of the accused were sent for FSL. The FSL report is Ex. P/29. In such FSL report the axe is marked as article ‘E’; iron Belcha is marked as article ‘D’; the blood stained soil is marked as article ‘A’; and the blood stained clothes of the deceased were marked as article ‘F’. The said articles along with the shirt of the accused were sent for FSL. The FSL report is Ex. P/29. In such FSL report the axe is marked as article ‘E’; iron Belcha is marked as article ‘D’; the blood stained soil is marked as article ‘A’; and the blood stained clothes of the deceased were marked as article ‘F’. In the statement of the accused under Section 313 of the Cr.P.C. there is no explanation as to how the human blood came to such article. The iron Belcha and the axe were having blood of AB blood group and the simple denial has been made by the accused. When there is no plausible explanation made by the accused as to how the blood was found on the incriminating article i.e. the weapon, the circumstances will lead to show that it was the duty of the accused to explain the same. The Supreme Court in the matter of Ganga Bai Vs. State of Rajasthan { (2016) 15 SCC 645 } has categorically held that the appellant should have explained as to how the seized articles were having human blood. In a questionnaire to the accused under Section 313 Cr.P.C. with respect to the FSL when no explanation was offerred and it was only denial those circumstances will go against him. 12. During the submission before this Court a defence has been tried to be raised that the accused was suffering with mental disorder. When we examined the remand papers before the Judicial Magistrate nothing is found of such nature to draw inference that the accused was suffering with mental disorder. Purnima Chouhan (PW-1), the wife of the accused, stated that her husband/accused was treated with mental disorder at Ranchi and she used the word half mind to refer the mental disorder. Niro Bai Tigga (PW-3), who went inside the room after the incident and saw the state of affairs, stated that prior to the incident the accused was treated at Ranchi for his mental illness and he gets some lunatic attack. 13. The learned trial Court while adjudicating the matter did not find the accused to be of unsound mind and consequently incapable to make his defence. 13. The learned trial Court while adjudicating the matter did not find the accused to be of unsound mind and consequently incapable to make his defence. The state of affair and the evidence which is on record further would show that after the daughter was killed she was buried inside the house, therefore, the accused was in the conscious state that the daughter is no more and evidence to be eliminated. 14. In order to eliminate the evidence the dead body was buried and the seizure of the axe vide Ex. P/10 was under the almirah inside the bed room would also show the mental state of affair. In such circumstances, when during the trial the accused was not found to be of unsound mind, it will not vitiate the trial as has been held by the Supreme Court in the matter of Prem Singh Vs. State (NCT of Delhi) { (2023) 3 SCC 372 } wherein the Court has held thus in para 72 & 73 which are reproduced hereinbelow:- 72. The aforesaid expositions on the scope of the provisions relating to accused person of unsound mind are not of much debate. However, nothing of the aforesaid principles could apply to the present case, for there had been no material on record and no other reason appeared during trial for which, the Trial Court would have been obliged to take recourse of the procedure contemplated by Section 329 CrPC. 73. Similarly, the suggestions about defect in trial or failure on the part of the investigating agency to get the appellant examined through psychiatrist with reference to the decision of the Bombay HC in case of Ajay Ram Pandit remain too far-stretched. In the said case, it was noticed that the investigating officer became aware of the fact after apprehending the accused that he was mentally unstable and in fact, the people in his locality used to consider him as a mad man. The fact situation of the present case is entirely different. 15. The Supreme Court further in Para 77 & 78 of the judgment Prem Singh (supra) has held thus which are reproduced hereinbelow:- 77. The suggestions about treatment of the appellant for his abnormal behaviour in jail also does not take his case any further. The fact situation of the present case is entirely different. 15. The Supreme Court further in Para 77 & 78 of the judgment Prem Singh (supra) has held thus which are reproduced hereinbelow:- 77. The suggestions about treatment of the appellant for his abnormal behaviour in jail also does not take his case any further. As noticed, there is nothing on record to find that the appellant was a person of unsound mind at the time of commission of crime or was a person of unsound mind when tried in this case. Post conviction behaviour is hardly of any relevance so far as present appeal is concerned. In fact, his post-conviction abnormalities, as dealt with in year 2013 i.e., nearly two years after the impugned judgment of the Trial Court, cannot even remotely be correlated with the relevant questions arising for the purpose of present appeal. Even in that regard, the report of the Medical Officer (I/C) Central Jail No. 5, Tihar New Delhi dated 22.07.2013 states that the appellant was admitted to psychiatry ward from 07.01.2013 to 04.03.2013 for complaints of abnormal behaviour but, he improved following treatment and at time of issuance of certificate, his general condition was satisfactory; and his mental status examination did not reveal any gross psychopathology. 78. Hence, viewed from any angle, the contention urged on behalf of appellant, as to be given the benefit of the provisions meant for a person of unsound mind, cannot be accepted. The said provisions do not enure to the benefit of the appellant from any standpoint. 16. Applying the aforesaid principles as laid down in the facts and circumstances of the case, we do not find any iota of evidence that the appellant was suffering with insanity. When the material on record do not show that the appellant was a person of unsound mind at the time of commission of crime or was a person of unsound mind when he tried the case, the plea of insanity cannot be adopted. 17. In view of the above discussion, we do not find any infirmity or illegality in the judgment of conviction and order of sentence passed by the sessions Court. 18. Accordingly, the criminal appeal is dismissed.