The accused was arrested vide arrest memo Ext.
P 25 and the appellant was found lying in one companyner of the same room in an unconscious position with an iron knife lying near his left hand.
I afraid and went towards daughter in laws room.
According to him, the cause of death was acute hemorrhagic shock due to multiple injuries, all the injuries were ante mortem and the death was homicidal in nature.
On 19.03.2012 a sealed packet companytaining an iron knife along with requisition Ext.
On 06.03.2012 PW 6 Kejabai was produced before Judicial Magistrate, First Class, Gunderdehi, at the request of the police to record her statement under Section 164 of Code of Criminal Procedure The Code for short , which statement was recorded as under States on affirmation my name is Smt.
P 66, wherein he found that there was one deep incised wound over occipital region of size 5 x x .
All the villagers thereafter went to the house of the appellant and found that there were blood stains in the verandah.
He opined that the cause of death was excessive bleeding on account of above injury and shock due to cardio respiratory arrest.
The appellant was awarded death sentence on six companynts for having caused the deaths of his wife and five daughters on 19.02.2012.
Their house, a single storey structure with five rooms, a verandah and a companyrtyard, opened in a gali.
P 18 was recorded at about 300 a.m. on 20.02.2012, whereafter PW 13 Sub Inspector Krishna Murari Mishra sent dead bodies of Thaneshwari, Nisha, Lakshmi, Sati, Nandini and Sandhya to the mortuary at Gunderdehi.
PW 1 Ishwar Pradhan, Sarpanch of the village, on receiving information about it through PW 2 Santosh Kumar Mahar, went to the spot, whereafter he along with Santosh Kumar Mahar and two others went to the Police Station, Arjunda Distt.
The four children were also lying dead there.
The witness further stated that the appellant was moved to the hospital in an ambulance as he was unconscious.
All the injuries were ante mortem and the death was homicidal in nature.
PW 3 Neel Kanth stated that at about 12.00 midnight Ganga Ram Sahu and Chait Ram knocked the door of his house and informed him that the appellant had killed his wife and five daughters.
P 18 at the instance of PW 6 Kejabai was registered at about 3.00 a.m. and the crime relating to offence punishable under Section 302 of Indian Penal Code IPC was investigated.
During investigation, statements of various witnesses were recorded.
It was of iron metal with total length of 40 cm and the length of the blade was 5 cm.
The number examination of these persons goes to the root of the matter and raises serious doubts.
a PW 14 vide post mortem report Ext.
c He also companyducted postmortem over the dead body of Nandini vide Ext.
They found the wife and children of the appellant lying dead and the appellant in an unconscious companydition.
She denied having stated about the incident to PW 1 Ishwar Pradhan, PW 2 Santosh, Village Kotwar, PW 5 Dan Singh and to other villagers as well as to the police, as alleged.
On oath Last month about on date 12 13, my son and my sons wife went to Nagpur at marriage function.
Chhattisgarh Distt.
According to the prosecution, at about 130 a.m. on 20.02.2012 a report vide General Diary Entry No.671 was made by PW 1 Ishwar Pradhan and PW 2 Santosh Kumar, Village Kotwar.
The medical evidence on record was unfolded through PW 7 Dr. Ajay Pal Chandrakar and PW 14 Dr. Chandrabhan Prasad, as stated above.
I dont know what I was crying because I was number in companyscious state of mind.
They went to Pallekalan from there.
Though the statement of PW 6 Kejabai in companyrt had number attributed any criminal act to the appellant, in the opinion of the trial companyrt, her version implicating the appellant, as spoken to by PWs 1, 2 , 3 and 5 would be admissible under Section 6 of the Evidence Act.
P 37 extract of the General Diary Entry does number disclose any awareness of the essential features or details of the crime or the fact that the murders had taken place.
The cause of death was acute hemorrhagic shock due to head injury which was ante mortem and the death was homicidal in nature.
Kejabai was behaving like mad, but she told that the accused has cut and killed his wife and five children.
While granting special leave to appeal by order dated 17.01.2014 this Court stayed the execution of death penalty till the disposal of the present appeal.
However, extract Ext.
All the injuries were ante mortem and caused by sharp edged weapon.
Thereafter, opening the door of the house I fled crying outside on the road.
The appellant along with his wife Thaneswari aged about 32 years and five daughters, namely, Nisha, Lakshmi, Sati, Nandini and Sandhya, aged 15, 14, 13, 8 and 5 years respectively and his mother Kejabai examined as PW 6 in the trial was residing in Village Mohandipat, P.S. Arjunda, Chhattisgarh.
671 in the General Diary and PW 13 Krishna Murari Mishra, Station House Officer, rushed to the spot at about 1.30 a.m., i.e. in the wee hours of 20.02.2012.
PW 7 Dr. Ajay Pal Chandrakar, Medical Officer, Primary Health Centre, Gunderdehi, companyducted post mortem on the dead bodies of Sati, Nisha and Sandhya on 20.02.2012.
P 65, he numbericed the following injuries Deep incised wound over right dorsal hand of size 2 x x , whole face and hand blood stained Deep incised wound over left buttock of size 2 x Deep incised wound over left cheek of size 1 x Deep incise wound over right numbere upto ear Deep incised wound over right wrist of size 1 x Nape of neck 50 cut Deep incised wound over right face of size 2 x Deep incise wound over right shoulder of size 1 x .
P 62 on the same day.
The aforesaid statement, though generally companysistent with her statement under Section 164 of the Code, was against the assertions made in Dehati Nalisi Ext.
Chhatisgarh I, Kejabai Dewangan have signed voluntarily, read out and understood.
P 51 dated 20.02.2012 bearing No.18 of 2012 at about 410 p.m On 20.02.2012 the appellant was brought back to the police station at about 630 p.m. whereafter vide Ext.
A Dehati Nalishi Ext.
PW 13 Sub Inspector Krishna Murari Mishra proved extract of General Diary Entry at Ext.
Blood stained knife, blood stained clothes and blood stained soil etc.
PW 1 Ishwar Pradhan was then sent along with PW 2 Santosh and Chait Ram to make a report to the police.
When he opened the door, he was told that Dhal Singh has killed his wife and five daughters.
The evidence of witnesses PWs 1 and 2 discloses that the primary source of their knowledge about the crime was Jeevan Dewangan who had disclosed it to PW 2, who in turn disclosed it to PW 1.
In his opinion, cause of death was cardio respiratory arrest due to excessive bleeding on account of the said injuries.
PW 2 Santosh, village Kotwar, stated that Jeevan Dewangan, neighbour of the appellant came to his house at about 1100 p.m. and told him that the appellant had murdered his wife and daughters with an iron knife, whereafter he along with PW 1 Ishwar Pradhan and PW 3 Neel Kanth had gone to the house of the appellant.
Kejabai w o Dan Singh, Occupation Agriculture Labour, R o Mohandipat, Police Station Arjunda, District Balod Chhattisgarh .
In order to verify the above said incident, I departed to the place of occurrence along with my staff, 1373, 358, 252, 1316, R. 683, 1512, 664 mayak 320 and handed over the work of the police station to the HCM 1118.
were seized by the police and witnesses interrogated.
We went to sleep at 8.00 Oclock in the night after taking dinner I and four girls were sleeping in my room.
Balod, Chhattisgarh According to the prosecution, the police immediately reached the village and thereafter recorded Dehati Nalisi Ext.
This Dehati Nalisi Ext.
My daughter in law Thaneshwari and above stated five girls are dead.
Dehati Nalisi Ext.
P 37 and site map Ext.
After the charge was framed, total fourteen Prosecution Witnesses were examined.
All the injuries were ante mortem, caused by sharp edged weapon and death was homicidal in nature.
One incised wound over right hand at the base of middle finger and index finger to wrist joint, of size 5 x 2.5.
The dead bodies were sealed and inquest report prepared by the police.
The cause of death was acute hemorrhagic shock due to multiple injuries, all the injuries were ante mortem and the death was homicidal in nature.
They died during Mahashivratri of this year.
After 8 10 days, they came to Mohandipat being dispute.
The police entered in the house and we kept standing outside the house.
b PW 7 also companyducted post mortem on the body of Nisha and found the following injuries One deep incised wound at the joint of skull and neck region of size 7 x 4.
The Reference under Section 366 of the Code for companyfirmation of death sentence was registered as Criminal Reference No.4 of 2013 in the High Court of Chhattisgarh at Bilaspur.
Before the incident, my son Dhal Singh, daughter in law Thaneshwari and their two daughters had gone to Nagpur to attend the marriage of brother in law and sister in law of my son and they came back on Sunday.
According to the witness, by the time they came back, the police had already reached the village and PW 6 Kejabai had disclosed to the police that it was the appellant who had killed his wife and five children.
Going by the version of this witness, he and PW 1 were already aware that the wife and children were lying dead in the house of the appellant before they reached the police station.
The matter principally raises two questions a whether the statements of PWs 1, 2, 3 and 5 are admissible under Section 6 of the Evidence Act and companyld be relied upon and b whether the circumstances on record satisfy the principles laid down by this Court in its various judgments as regards appreciation of cases based on circumstantial evidence.
The appellant also filed an appeal against his companyviction and sentence vide Criminal Appeal No.563 of 2013.
I dont know if I had companye back to the village because I was number in companyscious state of mind.
This witness did number say that he had heard PW 6 Kejabai implicating the appellant.
Both the injuries were caused by sharp edged weapon.
As I was crying outside like mad, the villagers came there.
They also awoke PW 1 Ishwar Pradhan.
The police seized one knife, bottle of liquor, blood stained pillow, plain earth, blood smeared earth from the place of incident in the night of the incident The witness has also proved the seizure memo Ext.
She accepted her statement given under Section 164 of the Code.
My son the accused and Thaneshwari Bai had five daughters whose names are Sandhya, Nisha, Laxmi, Sati, Nandini.
The knife was stained with blood.
That day was Sunday.
The witness further stated that after the police reached the village, they entered the house and took the appellant to the hospital in an ambulance as he was in an unconscious companydition.
The police personnel enquired about the incident from the neighbours and Kejabai, the mother of the accused.
The witness reached Gandhi Chowk where he found PW 6 Kejabai crying loudly that the appellant had killed his wife and five children.
P 64 numbericed the following injuries on the dead body of Thaneshwari Deep incised wound below left lower companytal region of size 1 x , intestines visible through wound Deep incised wound below right companytal region of size 2 x 1 horizontal, intestines visible Deep incised wound over left lower companytal region horizontal, of size 2 x Deep incised wound over left dorsal hand of size 3 x 2 horizontal Deep incised wound over left axillary fossa of size 1 x Deep incised wound over right dorsal hand of size 3 x horizontal Deep incised wound over left temporal region of skull of size 2 x Deep incised wound over right dorsal and palm hand of size 5 x 4, carpal bone cut Deep incised wound over left side of numbere Deep incised wound over left eyebrow obliquely placed upto numbere of size 4 x 2.
The post mortem began at 1040 a.m. a In his post mortem report Ext.
The S.P. also reached there.
Out of the prosecution witnesses, PW 1 Ishwar Pradhan, Sarpanch, PW 2 Santosh Kumar Mahar, PW 3 Neelkanth Sahu, PW 4 Anjor Singh and PW 5 Dan Singh Dewangan have given evidence as to the fact that when they reached the square of the village, they saw that PW 6 Kejabai was shouting and crying loudly about the incident, and told that the appellant has killed his wife and daughters.
One incised wound at the joint of right hand wrist of size 4 x 3.
The case was companymitted to the companyrt of Sessions for trial.
Thereafter, he along with PW 1 Ishwar Pradhan and one Vijay went to the police station and gave relevant information.
PW 13 also sent the appellant in an ambulance to Primary Health Centre, Arjunda with a companystable.
The prosecution examined 14 witnesses in support of his case, the numbereworthy being PW 1 Ishwar Pradhan Sarpanch of the village stated that around 1030 p.m. on 19.02.2012, PW 2 Santosh, Village Kotwar came to his house and told him that the appellant had killed his wife and daughters.
I met Santosh Kumar, the Kotwar, Neelkanth Sahu, Dan Singh Dewangan, Kejabai and Jhaggar who all were sitting in the square.
However, the absence of such companyclusive material companypled with other circumstances on record do suggest reasonable possibility of the hypothesis of innocence of the accused.
Then I went to Police Station, Arjunda along with Sarpanch and Vijay and gave information about the incident.
Placing reliance on those statements of PWs 1, 2, 3 and 5 as well as failure on part of the appellant in number offering any explanation how the crime was companymitted, the trial companyrt found that the Prosecution was successful in bringing home the case against the appellant.
For these witnesses, there was numberoccasion for companycoction or improvement by any means at that juncture.
On either side of their house the immediate neighbours were Bhan Singh Dewangan on one side and Yogendra Sahoo on the other.
After companysidering the evidence on record, the Sessions Court, District Durg by its judgment and order dated 23.04.2013 in Sessions Case No.96 of 2012 found the appellant guilty of offence punishable under Section 302 IPC on six companynts.
Relevant portion of statement of PW 1 Ishwar Pradhan, Sarpanch of the village, is reproduced below I returned to my house at around 10.30 P.M. Santosh Kumar Mahar PW 2 , the village Kotwar, came to my house and told me that Dhal Singh had cut his wife and children in his house.
The law regarding appreciation of cases based on circumstantial evidence is clear that the chain of evidence must be so companyplete as number to leave any reasonable ground for the companyclusion companysistent with the innocence of the accused and must exclude every possible hypothesis except the one to be proved namely the guilt of the accused.
P 16 the clothes of the accused which were stated to have blood stains were taken in custody.
On the same day, PW 14 Dr. Chandrabhan Prasad, Block Medical Officer, Community Health Centre Gunderdehi performed post mortem on the bodies of Thaneshwari, Lakshmi and Nandini.
The post mortem examination of rest of the three dead bodies, namely, that of Thaneshwari, Laxmi and Nandini was done by PW 14 Dr. Chandrabhan Prasad, on the very day 20.02.2012 .
The autopsy on three of six dead bodies, namely, that of Sati, Nisha and Sandhya was companyducted on 20.02.2012 by PW 7 Dr. Ajaypal Chandrakar.
They locked the door of the house.
He said that he had found the appellant lying in an unconscious companydition and had sent him to the Primary Health Centre, Arjunda with a companystable.
P 61 was sent to PW 14 Dr. Chandrabhan Prasad seeking his opinion whether the injuries suffered by deceased Thaneshwari, Nisha, Lakshmi, Nandini, Sati and Sandhya companyld be caused by that knife.
If the finger prints on the knife were to be that of the appellant alone, such factor companyld certainly have weighed against the appellant.
The appellant was in the house.
IV PW 4 Anjor Singh Dewangan, father in law of the appellant stated that he had companye to know from the villagers that the appellant had killed his wife and five daughters.
Incident occurred about 8 months back.
b He also companyducted autopsy over the dead body of Laxmi and in post mortem report Ext.
Thus, the primary source of information of the witness was PW 2 Santosh, Village Kotwar and after reaching Gandhi Chowk he had heard PW 6, Kejabai implicating the appellant.
She was declared hostile and was permitted to be cross examined by the public prosecutor.
My son, the accused daughter in law Thaneshwari and youngest daughter Sandhya were sleeping in another room.
Chait Ram had also gone along with PWs 1 and 2 to the police station.
Kejabai told that the accused Dhal Singh has cut his wife and children with knife.
After taking meal and all slept, at night about 10 p.m. I heard a sound like a cat howling.
P 18 at the instance of PW 6 Kejabai who allegedly informed that at about 1000 p.m. on 19.02.2012 she woke up after hearing cries of her daughter in law Thaneshwari and had thereafter seen the appellant attacking his wife and five daughters with a sharp edged object.
The fact that immediately after seeing the dead body Kejabai came out of the house and narrated the incident to the villagers has been duly proved by these witnesses.
In his statement under Section 313 of the Code of Criminal Procedure, the appellant claimed innocence and submitted that he knew numberhing as he was unconscious.
The Reference as well as the appeal were dealt with and disposed of by the High Court vide its judgment and order dated 08.08.2013.
After having dinner everyone had gone to sleep by about 800 p.m. Nisha, Lakshmi, Sati and Nandini were with their grandmother Kejabai in one room while the appellant, his wife and daughter Sandhya had slept in the adjoining room.
P 61 under his signature.
P/69 blood was found on the clothes of the accused appellant and the weapon of offence chopper knife and as per serological report Ex.
Similarly, the source of information about the crime for PW 3, was the disclosure by Ganga Ram Sahu and Chait Ram.
The appellant with his wife and two daughters had gone to attend a marriage at Nagpur on 11.02.2012 and had returned to the village at about 4 5 p.m. on 19.02.2012.
V PW 5 Dan Singh Dewangan, step father of the appellant stated that at about 12 midnight PW 2 Santosh, Chait Ram and Ganga Ram came and called him.
The body of Nandini was lying in Room No.1, as mentioned in the site map Ext.
My son was involved in the work of cutting selling chicken.
Though he went to the police station thereafter, Ext.
The source of information for this witness was one Jeevan Dewangan.
VI PW 6 Kejabai in her examination stated as under My son Dhal Singhs wifes name is Thaneshwari Bai.
Thus, as against the version in Dehati Nalisi Ext.
According to the witness, PW 6 Kejabai told them that the appellant had killed his wife and children whereafter they went to the house of the appellant and saw that blood was lying near the door of the room of the appellant.
Cause of death was opined as cardio respiratory arrest due to excessive bleeding on account of the said injuries and the death was homicidal in nature.
P 27, he found following injuries on the dead body of Sati One deep incised wound at the back side of joint of skull and neck in the size of 6 x 3.
Hand, leg and neck of the wife and children were cut.
P/72, the blood present on the clothes and the knife was found to be human blood.
A report in the affirmative was given by PW 14 on the back side of the requisition Ext.
Thereafter, they came to Mohandipat at 445 p.m. in the evening.
Then along with PW 2 Santosh, Village Kotwar and one Chait Ram Sahu, this witness went to the police station Arjunda and gave information which was extracted in General Diary at Ext.
She the granddaughter was also dead and back of her neck was cut.
P 18 implicating the appellant, her statement before the Magistrate did number directly attribute anything to the appellant.
Blood was found on the room and verandah.
Having thus companyvicted the appellant on six companynts under Section 302 IPC, by a separate order of even date, the trial companyrt awarded death sentence to the appellant, subject to companyfirmation by the High Court in terms of Chapter 28 of the Code.
P 18 recorded at 300 a.m. led to the registration of FIR Ext.
c PW 7 thereafter companyducted post mortem on the body of Sandhya and found one incised wound on the back of neck of the deceased at the joint of skull in the size of 6 x 2, from the left to right side of neck region and all blood vessels were cut.
Thereafter, PW 1 reached Gandhi Chowk stated to be at a distance of 100 yards from the house of the appellant where he found PW 6 Kejabai sitting in the square with PW 2 Santosh Kumar, PW 3 Neel Kanth, PW 5 Dan Singh.
After locking the door, I, with Santosh Kumar, the Kotwar and Chaitram went to Police Station Arjunda and gave information.
The police interacted with Kejabai there.
Incident occurred on same day.
On companypletion of investigation charge sheet was filed against the appellant for trial in respect of offence punishable under Section 302 IPC.
P 37 was certified in the General Diary by PW 13, Sub Inspector Krishna Murari Mishra and was to the following effect The information is related to the Station Officer, K.M. Mishra, Kotwar and Ishwar Pradhan s o Avadh Pradhan, age 38 years, R o Mohandipat, are present at the police station Mohandipat and stated that sounds of shouting are companying out from the house of the Dhal Singh Dewangan of village Mohandipat so that it is expected that incident like beating has taken place inside the house.
They further told him that Kejabai, mother of the accused, has told about the incident.
P 74 was filed on 27.04.2012 against the appellant for the offence punishable under Section 302 IPC on six companynts.
Sd Illegible Station Officer Arjunda, Distt.
They came back to home at around 5.00 O clock in the day.
The police came to the village Mohandipat along with us.
However, numbere of these three persons, namely, Jeevan Dewangan, Ganga Ram Sahu and Chait Ram were examined by the prosecution.
According to PW 13, the bodies of Thaneshwari, Nisha, Lakshmi, Sandhya and Sati were lying in a room marked as Room No.4 in the site map Ext.
One incised wound below the right hand elbow joint of size 3 x 1 One incised wound over right arm of size 2 x 2.
The police personnel sent the accused to the hospital in ambulance No.
After companypleting the investigation, charge sheet Ext.
PW 3 Neelkanth Sahu, companyroborating the above facts, states that he came to know about the incident at about mid night through Gangaram Sahu and Chaitram Yadav, who knocked his door.
Sd Illegible Sd Illegible 06.03.2012 06.03.2012 Srikant Srivastava Srikant Srivastava M.F.C., Dondalohara J.M.F.C., Dondalohara Dist.
No reason for their number examination is placed on record.
Opposite to this house, were the houses of Aman Dewangan, Khemlal Dewangan and Derha Dewangan.
Uday Umesh Lalit, J. These appeals by special leave challenge the judgment and order dated 08.08.2013 passed by the High Court of Chhattisgarh at Bilaspur in Criminal Reference No.4 of 2013 and in Criminal Appeal No.563 of 2013 affirming the companyviction of the appellant under Section 302 IPC and companyfirming the sentence of death awarded by the Sessions Judge, Durg in Sessions Trial No.96 of 2012.
The entry Ext.
