XI-HC—78 MW,W,W ' wg..” 3 Z / 11W m H‘i 200 mum (W) ammm mam ‘ WWW A??ELL&‘D§T ’ " agiad 40 :cals l 1 $ éawwummmw B.B. 2 {Tia Ea Z9-$*7&€5€}’? ‘ Shri Raj€sh Jain, Advocate, for the appel‘lallt. SL111 AKhjl Mis‘m‘a, ?‘anel Lawver, for the respondaltf 1 State. a ’ .u u¢ Arguments hearc‘i. 'iEi‘ “1‘ GRAL arm) ParL£B§a (me J.. ‘1‘11s appeai is di~ected against. the judgmem of convwuon allci order OI" sentence dated 1v " 2UU2 Daeaeu m} the 3m Adm. 'Seeeions Judge, Ambikapur (Sarquia‘) in ST No. 154/ 200C)? Whereb‘v the learned Additionel SessionS Jmige alter molding the accused appeliant guilty for commission of fence under ‘Eecuon 00,1 of LPG, sentenced him to undergo t /t ‘\\ ‘ H’DFISOI-lnlCflt iOl‘ e. , D Hi )G-HC—~78 mw,m,m (qr'QNO-«225/ A7002, Wm In 200 WW (WW) maafawiaa‘ wmm WWW C256 01” the prosecution, in brief, i3 that deceased Kendra Nageshia and accused Kimdkhud were residents of the same viEage. The accused eurchased ene Chicken from the deceased in consideyafion of Rs. 15/ -. The deceased was demzmding the money and e éate of incident also, dece ased Kendra demanded the monev from the accused and a‘tused him, therefore, the accused ettacked the deceased with of which, ‘E spontaneously. The matter was reported by Baleshwar, son of the deceased in the Dohce 'mm’vmma‘iifeém %a‘1%m3n%$r r the back side of spade, as a resuit ondra sustained injuries on the head and died Station Shankargarh under Merg 1nnn1anon EX. 112, based on that, FILE. EX. P—'2 was realstered for commission SC€R€ Oi ice to Hanchas, prepared inquest dra. Bcdv of Kendra was sent for to the Primary Health Centre, Shankaraarh under Ex. P— 14 Where DRESmt.) J. prepared the report Ext cause of death was shock and haemorrhage as a resuit of head injury and death was homicidal in nature. During investigarion, the accus of offence under Section 302 of LRC. The investigating L occurrence, arter giving ndt h‘x. 115 on the body of K post mortem examinati K113ul‘ 14-A in which she opined that Officer 1eft for the gav€ llleillol‘aIlGUlll EX. regarding the piace where he kept the spade, the weapon of P-S used to abuse the accused. On the O 1 o — e )H‘HC—78 WW,W,W Gr A No 2.2 3/2001— Wm Ia 200 WW (W) 'mmm wmm mm'§%érm WWW K $aimé11é$r offence, in pur3’uance of tnat, the spade was recovered under E2: 15—9 Spade was sent for Chemical examinauon to me Forensic Science Laboratorv, Sagar from where report Ex. 1L 20 waS received After gonmietion of i11vestigaiion, Charge sheet was filed in the Court of Judiciai Magistrate First Class, gianbikapur who in turn committed the case to the Sessmns Judge, Amhikapur from where 1earned§rd Addltlonai Sessmns Judge Am bmapu: tecelve i the case on transfer for trlai. r’1 osecnnon 1n o1 der to estabiish the charge against tne accused exannned 14 Witnesses. Statement of the accused was recorded under Sectic n '3 13 of Chi7-.6 in which he dented the materiai appearing against him in the prosecution' evidence and stated that he is innocent and he has been faiseh’ implicated in the crime. Learned Additionai Sessions Judge after hearing the :ounsei for the respective parties, convicted and sentenced the accused as aforementioned. i Raies‘h Jain on behalf of the appeiiant and Shri AKhLl I ishra on Denali of the State. Shri Raiesh Jain h not disputed the homicidal death GI KODGI‘a MOleOVEl‘, 11011 m6 €V1Ci€11C€ OI r’ W l BaieSDVJar and PW. :2 Bandhan, it is established that the accused made extraiudicial confession b fore them regarding commtsston or the crime 13 him. The ai’ove evidence of these witnesses is r We have heard :51 r a V XI-HC—78 HW,W,W CwQ-wo‘ 213/100 W m 1n 200 mm (W) WWW mmifgétm — WWW wmm K émifcrnm corroborated 13V the medical evidence and postmortem report i Ex. F- 14—A that the deeezilseri sustamed head in’iuries as a r resu‘lt of which, he ched. Therefore, it is established rhat the 1 cleath of Kendra was homK-Kiai 111 nature. r AS 13F as 111VOIV€11131TC Oi H16 &CCUS€G 11'1 C111116 H1 miestion i3 concerned, PW. 1 Baieahwar, son of the deceased HaS StatEH‘ that XVHSll‘ 116 C€111€ YO K110“? :aDOUt T116 mCiCL€1TC, Re weglt to the accused and enquired from him, then he said that his father was demanding money", when he did net give I‘DGHGV, £16 Stal‘téd &DuSlll§E, U'i61‘6IOI'6, RE atiaCK€d D1111 VVHB the hack Side of the spade. PW. '2 Bandnan has also stated U1at H16 aCCUSEd 111ad€ EXTIa’iuCHCml COl‘iléSSlOi-l DeiOlE D1111 afld OIHEF Villagel‘S {Hat 1'13 attaCKEQ the C16C€aS€Ci \VltH H16 spade. This Witness has Jot been cross—examined on this aspect. The other Witnesses Detore whom the accused made extraiudiciai confession have turned hostile but based on the ev1dence OI these two Witnesses that the accused made extraiudiciai contession bet are them, it 1s estabhshed that the accused made extrajudicial confession before them. in the Cl‘OSS-6Xal11111a110n, F.W. i ijai€SHXVan 6V€H HlOugD D€ 13 SOH A of the deceased, the ~.ce4_ n has not been abie to bring on ‘ 1‘6C01‘G 811V lllaUiflal W111 11 Ci€i11011Sh€S 01" CilSCT€Ci1tS {£16 ;\€V1C1€11C€ ’\ Oi U11$ “71111638. M 1‘€OV€1", UIE W’eapGi-I Oi OII€11C€, U1€ » i \ XI-HC—78 ‘JI cvpMxn 2 23/200; Wm wt 200 marinara (W) 'WWW W“ m WWW WWW#WW §wiran3néw spade waS recovered under EX. E—9 at the instance of the accueed based on his mel Grandum EX. 118 and the Same was, sent to Foreneic Scien e Laboratorv, $agar for chemicai exannnauon n‘om where t1 e report has been received that :there wag hiooci on the é ade. This fact corroborates the l and RW. ’2 Bandhan. Therefore, it is established that the a cuseci was author of the crime in {1116311011. 5 r evmence of PW‘. 1 Balesh 1 s f i Shri Jain argueti th t since the deceased came and demanded money and abLL ed the accused, therefore, in the " 1t or anger, the accused p cked up the spade and attacked him on head, and he had no intention to cause death of t Kendra, tnererore, offence a ainst the accused does not travei 1 bevond Section 304—11 of LP Un the other hand, S” i Mishra supported the judgment oi the trial Court. 1t 1s true that in the ev dence of'F.W. l Baleshwar itseif, 1t has come that in the exti ajudiciai confession, the accused disclosed that his father cai 1e, demanded monev and started quarreiing, therefore, the he picked up the spade and attacKed the deceased from hack side of the spade. The post ‘mortem report shows that epeated blows were given hV the aCCuSECi aS 1116‘1‘6 \VaS a laC 1 ated wound in size of i X l x /2‘ € ‘ w . ‘ ‘ )G-HC—78 5,». Am. 2::312ML W m wt 200 31mm (Way) i in the result, the appeal being devoid. of merit is iiable to ' be dismissed and it is hereby dismissed. V , sul- 4 ‘ L:c.BHADoo Judge / ,‘L " ,,,’/i" / Sdl- RA \ Judge mSHRAi XI-HC—7s \ 3a W, We;, Wag? ’ . aewlwéw? mm m m 200 amt ‘m (W) wa‘am"m" m .W WWWifgém m%m , Wham i cause death of Kondra was writ large, a5 such, we dc) not fmd \' ‘ any substance in the a1~gument of the iearnsd counsel for the i appe‘iiant.