XII-188mm) c.J.P.R.~5,ooo-9—8 No. JA? Name ~ J._ .« Father s name —W@ \ I wé" \\ Resldence ?’Q§T QNW Agc --__3Q Sentenced to—aatW~__ :n _$é+1x+.§_j¥ Under sectlon WW—WA y gVXWW}&Y§Z&L\ it is explai ed to the prisoner r' (u if he states or wishes to be represcrted b\ a egul , practltloner the Appehte Cowx w1ll not proceed wnh the base fo1 seven em s {mesa ‘ *ke legdt practmoner appea s If the legal practmoner does rot am mu wnl‘ m seven days he may not be heald at all If the prisone1 states that he does not wish ta v be represented by legal prectmoner the court may proceed at once wnh the and u e w111 not be obhged to gxve a heanng to any legal practmontr who should appeal Date of Aophcauon for copy of Judgement ~$éi~pail $§ wmama Date 01 wluch copy recerved Date on which Appeal sent £g§§i&@— Whether the brisoner wishes to be represented or not - Yes/N0. s , No.“Jig ' Name—7%;g g7? Contmued m————— l Jall / No —r~ Q éq QW$J§¢W g dated 7 ~I98 ) )K ,Eorwarded to the CHIEF JUDICIAL MAGISTRATE — r q//r)3/’/ to gather w1th a copy of Judgement or order passed m th case for Irnour (I transmxssxon to the proper Appllhate Court. SJ hh-ail Date ofreceipt in C. J. M.’S Othce Date of receipt of record to accompany Memo p cal of the Appellate Court No — M i D t d 43 71 $g§ f Eamadm é ”kbWAMY éa w aw c Kmfgxrk/ C.J.Magistrate f’ 6‘ I Emmi § Ghife‘i‘juu we; Wmyuuta‘r AsGA a ( M, p, y r) Date of receipt in Appliate Court (P.T.O.) , 1 \ x ‘ HIGH COURT OF CHMTTIBGARH AT BILASPUR SB : HON’BLE MR. JUSTICE PRITXNKER DIWAKER CRAJO. 780] 1995 APPELLANT Juglu VCISUS ESPONDENT State of Madhya Pradesh R Shri Vivek Shrivastava, counsel for the appellant. Shri Vaibhav Goverdhan, P.L. for the State- APPLXCATION UIS 374 (2) OF THE GREG. JUDGMENT (17.03.201oy The present appeal arises out of the judgment dated 30.11.94 passed by the Additional Sessions Judge Jashpumagar, District Raigarh in Session Trial No. 95/94 convicting the accused/appellant for the oe‘ence punishable under Sections 304 Part II of the IPC and sentencing him to undergo rigorous imprisonment for iive yeais. r2. As per the case of the prosecution, on the basis of merg intimation dated 17.11.93 (EXP/3), FIR Ex.P/ 1 was negistered on the same day to the ed‘ect that the appenant has commitmd mmder of his brother Lagnu by causing injuries to him with the help of stone pestle. After investigation, the challan was nled against the accused/appellant on 17.12.93 foi" the oh‘ence under Section 302 of the IPC and the appellant was ‘prosecuted before the trial Court for the said oEence. 3. So as to hold the accused/appellant‘ guilty the prosecution has examined hve witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and pleaded his innocence and false implication in the case. 4. After hearing the pa111‘es, the mal Court has acquitted the accused‘l’appellant for the o§ence under Section 302 of the IPC but has convicted him for the aEence‘ under Section 304 Part II of the IPC. Hence the pmsent appeal. 5. Contention of the oounsel‘for the appeilant is that the deceased might have suh‘ered injuries on account of fall and the appellant has been falsely implicated in the crime in question. He further submits that the main witness of the case namely Susn' Bai (Wife of the deceased) has not been examined by the pmsecution and on that ground alone the appellant is liable to he acquitted. He further submits that the alleged extra judicial confession of the accused] appellant is inadmissible in the eye of law. 0n the other hand, supponiug the impugned ' judgment it has been argued by the counsel for the State 6. that the appellant has made the extra judicial confession before Asru (P.W.-1) 8r. Sastu (P.W.-2) and these two witnesses have fully supported the prosecution case. 7. I have beam counsel for the parties and perused the" maten'al available 'on record including the impugned judgment. 8. Asru P.W.-1 has categorically stated that the accused/appellant came to his house and had made‘the extra judicial confession that he has committed the murder of Lagnu. He has stated that thereafter he along with the /,,// villagers saw the dead body of the deceased and has found injury on his head. n i 9. Sastu (P.W.-2) is the another Witness of extra judicial i confession before whom the appellant has admitted the fact 1 that he has committed the murder of the deceased, he too has categorically stated that the appellant] accused had informed him that on account of the dispute between him and the Lagnu (since deceased), he has killed him. He ha / 1 s