Xi-HC—78 ^v8( -&|^1^q, ^y-'XS, I«f01-(-)^< <^^.^. ^c» - 3><<o fo^- NINdl ^hNick "—•-••••-•-—•••-•• "•—•——•••^ 200 3TI^?T ^S^S (lsi^«i<^) 3U^T ^T f^jch lcfSI S^^ 5h^ll<=b t '^fT^R ^Tf^r'STT^T APPELLANT RESPONDENT <=t51^1^14"I "RF^f '^,1:^T^ <r^1^i< i^^tftPT^T^T Ch^du Chikva, S/o Dukharam Chikva, aged ab^ut 50 ysars, R./o Gopatu, Poiice Station Ku^mi, District Sarguja (CG). IVersus- t:e of Madhya Pradesh (nbw ^attisgarh), Through Thana In-Charge, |ce Station Kusmi, District Sarguja (CG). (Appeal under Sec|tion 374 (2) ofthe Cr.P.C.) Division Bench: Hon'ble Mr. L.C. Bhadoo & HoR'bie Mr. Su.riiS Kumar Sinha. JJ 20-8-2007 Shri H.P. Agrawal, counsel fcjr the appeliant. Shri Akhi! Mlishra, Panel Law^er for the State. This isajai! appea!. Heard on i.A.No.1, appiicat) on for condonatlon of delay in filing the appeai. As per the office report there js delay of 3258 days in fiiing this appeal. it has been mentioned in the letter ^ent by the accused that he gave certified copy of the judgment to his unci account of his iliness, iiliteracy ai ^ nameiy, Barva for filing appeal, but on |d poverty, he could not file the appea!, therefore, he obtained the certified dppy of the judgment again on 26-4-2007. !t is the small matter; thereforj parties, it was heard on admission aj e, by the consent of learned counsel for the 50. XI-HC—78 ^n^i ^T f^viich TTSTT -3TT^T"^RW ^- c, 3-^c[ ^t<4i^^, ^Tll'y'KS, fs)0W^< ^Y MW^\ *^idb "R^ 200 37T^T ^[^ ( 4c(?Tic<4?F ) '^TTW^rftn 3?T^T -2.- Having heard learned counst wel! as on merit, we have perused ^! The accused/appeSiant has conviction and order of sentencej Judge, Sarguja (Ambikapur) in been held guilty under Section murder of his mother Jamain Bai sli for Sife and to pay a fine of undergo S.l. for four months. Case of the prosecution, in| used to reside with her grandson !efS the house of Kasru Ram in the| son Chedu (accused/appeilant Kasru Ram was participating in accused came there and informed Pokhra Phat in a poo! of blood. with other viilagers reached the sp4 Jamain Bai. The body was neck. The matter was reported in \ by him under merg intimation ExJ (Ex.P/1) v/as registered. After completion of investigc Judicial Magistrate First Class. the Court of Sessions Judge, !n order to establish the prosecution examined 6 witnesse^ is^i for the partiss on condonation of ds!ay as <he record of the triai Court. }(>referred this appeal against the judament of dated 31-3-1998 passed by the Sessions S^ssions Trial No.145/1997, whereby he has 3Q2 of the Indian Penal Code for committing sjnd sentenced him to undergo imprisonment .2QO/-, in default of payment of fine to further spdt <=bJ<L{f<rt^1 T?R?ff ^'fe1^ iRt^K '^3tRTH3^T Rs.200/ brief, is that Jamain Bai (since deceased) psru Ram (PW-1). On the fateful day, shs early morning for going to the house of her heijein). On the same day at about 1.30 p.m., the meeting of Gram Sabha, at that time him that Jamain Bai is iying on the way near ^eceiving this information Kasru Ram along and saw the dead body of his grandmother drenched with blood. There was an injury on the i|the Pollce Station Kusmi at about 4.50 p.m. Based on that First Information Report ft/2. ^tion, charge sheet was filed in the Court of Antbikapur, who in turn committed the case to Sarg^ja (Ambikapur). {^harge against the accused/appellant, the >. Statement of the accused was recorded XI-HC—78 T^T ^w^^y ^w\s, is)0i'y^< '^(Ndl ^bNieb ^ 200 a^yijyr ICT^ (4c(flc<<^) 3^?T ^FT f<'li<=h TT8TT •3T?^T st)^icn cti|^t^1^1r1 *41^<3ll ^f.rs^ <p3t<^J< ^7 ^lftPT 3?T1^T under Section 313 ofthe Code of Criminal Procedure in which he denied the material appearing against him in tljie prosecutjon evidence. He stated that he is innocent and has been falsely imc|licated in the crime. Learned Sessions Judge afte| Jamain Bai, and also the evidence ^ I" hearing counsel for the respective parties, convicted and sentenced the accus^d/appellant as aforementioned. We have heardShri H.P. Agrjawal, learned counsel forthe appellant and Shri Akhil Mishra, learned Panel Lavh?er for the State. The conviction rests on the t^stimony of PW-1 Kasru Ram, grandson of the deceased, to whom the accus^d came and informed about the death of if PW-3 Sundar Nagesiya, to whom Jamain Bai (deceased) made oral dyin^ declaration as aiso the evidence of Investigating Officer, R.K. Mishr^ memorandum regarding the piace \|vhere he kept the Gandasa and the blood stained clothes ofthe accused werel Coming to the evidence o1 returning from Goptu to his village. (PW-4), to whom the accused gave Iseized by him. PW-3 Sundar Nagesiya, to whom the deceased made orai dying deciarati<|)n has stated that on the fatefui day he was When he reached near Pokhra Phat, he saw that one elderly lady was sittin^ there. When he enquired from her as to how she has sustained injuries, sh|e disclosed that her elder son Chedu has attacked her with a Dabiya. She refauested him that he should be taken to her residence. in fhe meantime, she fe of this witness. the defence has not down and died. !n the cross-examination |been abie to elicit any circumstance, which discredit the evidence of this witnesjs. He is an independent witness and there is nothing on record to indicate thatl he has any animosity against the accused or he was interested in the deceas^d, so that he had any chance to implicate the accused in a false case. XI-PC—78 3^^r WV^f ^hW^ ,?3[Tqr^r, ^•cfl^<i<s, tst<?ii<iy ""•"^ - ^ f>^> sn^xRra? (rtsi^r) ^ 200 3TI^T ^T R-114) ^T^T ^^\ $t)^l<=t) ^ Gowri ^TTW^1t?T-STT^T -M- evidenlce Moreover, the above this witness stands corroborated tol Ram, who has stated that his gra| reside with him, on the fateful day s( the house of her elder son Chedu. in injured condition and she disclos^ the accused/appellant attacked her the same day he was participating came and informed that his mothek' Ram is Ivina on the wav. Thereaft^ the deceased. The conduct of the| mother in injured condition instead and informed Kasru Ram, thereforel Ram. Moreover, oral dying involvement of the accused on the g\ was seized at the instance ofthe ac( aiso found stained with blood. !n view of the evidence avail^ or infirmity in the judgment of the accused in committing the murder o| 3258 days in fijing the appeal andj satisfactory, therefore, the appeal is delav as well as on merit and accord) Sd/- L.C. Bhadoo Judge <=bl^?d41T1 '^TR?lf '^\'ft^rt> <P'i^i< ^" ^rRw ^sn^r declarlation regarding the oral dying deciaration of |the extent by the evidence of PW-1 Kasru idmother (deceased Jamain Bai) used to ie left the house in the morning for going to pn the way while returning, she was sitting ^d this fact to PW-3 Sunder Nagesiya that ^/ith Dabiya. R/V-1 has also stated that on in the Gram Sabha. at that time, accused (Jamain Bai) and grandmother of Kasru ir Kasru and other vjiiagers went and saw accused Is unnatural. When he saw his ^?f taking her to hospitai he !eft her, came he gave false information to PW-1 Kasru is also corroborated regarding the found that the weapon of offence Gandasa ;used and the clothes of the accused were }ble on record, we do not find any illegaiity trial Court regarding the complicity of the his own mother. There is delay of about |the reason given by the appellant is not liable to be dismissed on the ground of jngiy it is hereby djsmissed. Sd/- Sunil Kumar Sinha Judge