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WKFQ by 71W" ‘ mud b\ w lu 1' v xt m crplauml to {ht pmoncr \hut :l hc states or wmhu m In lcpu pxacmmncr Um Appcldlc Court wxll not procecd with thu base Io: sum ‘ w, m w nuchtmnu anpwr‘» If \hc lcwl prdcmmnm (‘ous mt a f ‘ p ‘0 x ' mu legal " in scVcn ,d be rerc 1m may not he hcmd 'n a1] If the pn‘oncr m Ito Um M qenge Ly ILL n! pxmuuonu the couxt may pmLcm‘ .11 on“ \mh the mu] to 21w A hwnng to any lcgal plaumum who ,hould am lime ol Arphmhon fvr copy of Iudguncm mv—v— -~~—-——»—r~w~—»r~-~~~—~ mmw ~ > (3'3 C S 4W #W “ -“ ‘ Date on which Appeal cent ~——-—0-€) 0§——q 7— _—_.__..._-*M--~- ., .. _. . m cx he poner wxshes to be rexcmmcd o1 not—- YuNo Whelh t m p - ,$, m which copy rwclvcd - ‘ ’ Cangnuedlm~h$ —————:—C11——————. all ~—— -—— ' mJn KLQxFuV D-J "q7mw ‘.,.jg;\,v,r,w. a e CIIILI‘ ‘JUIHCIAL MAGISTRAT Ewheat?“ M f ‘ ' o LLQ— Name toigathe u r ra's'mi‘ssxntovthé oerAxUJate Court ‘w ‘~ h fox mwux r th a copy of Judgement or order possed w 1hc use / I < V 1&5‘ _-6__ _.I( M L Az/é‘JM ——Date/d\:—-7 “11H v1“ g {M amwg an £6 3mg \D rm n x uocu t“ 1H0 m v m n { W PJ‘Vgc ppg (A :wcrmr?! ‘ 1 n advg 1"“ . o 4:~7:;>mu~-+ — ; ‘ L 9 , Ambukapur for freqfmen'r and 50+ hlm admrH'ed In Governmenf Hosplfol I r nti r / r t ‘ 1 ; ‘ i ‘ \ \ \ v ‘ ‘ .' 4 :mur‘y found on fhe fron‘l'al ba V v, Ambakapur Smce he was busy m 1’he Tremment of hes son he was ncT ab!» Tod lodge The vapor-1’ and now he has come 1‘herefor'e case he reglsfered Based on «A +he Dehafl Nallsh» FI R (Ex P* ‘ urder Sec‘hon 307 of The IPC H waver In fhe mean‘hme on 6 7 1995 Anukram, ,_ "guccumbed 1'0 fhe mJur'y m 6mm nmenf Hesprral Amblkapur- *her'efore The off’nce was converted mto Sec :cn 302 of IPC The Inves‘hga‘rmg O‘fgcer afmr gwmg notice (Ex P-B) 1'0 fh Ranches prepared the Panchnuma (Ex P-é) of ‘ *he body of Anukr-am In 'l'he Dis mci' Haspl'ra! Ambikapur Dr M K Jam (PW- I 7) can-Iducfed me pos‘r-morfen an prepared fhe pas?-mor*em repor? Ex P-7 m which he opined +haf cause of d‘ a'rh was head mJury Durmg pohce cusfady, g L acrused gave m’mamndum (Ex pursuance of #ha‘l’ he 901' recove sod and piam am! was faken Info pc ssession fFom the place of occurrence under - r _ n Ex P-4 The Inves'hga‘l‘mg Offlcew sough‘r opinion of fhe doc-for under Ex P-ll , as to whether 1'he mJur'y found 01 ‘l'hehead oWeceased‘can be caused by fhe. weapon ef offence :e spade and the doc-tor gave hiseopi‘nion'EXPV-a mat ihe x' of fhe child can be caused'by'fhe spade Recovered arflcles were sen‘l fa chemical exammahon fo Farensnc science ’ Labor-awry, Saga under ex P43 ere reporf Ex. ‘14 was recewed Afi-er complehon of mvesf: anon charge shee‘l‘ was filed m fhe Cour? of ‘ Chsaf JJdmm! Magshmi’e Ambw ur- who m turn committed tha case to fhe V Sesswns Judge Amblkopur for fr ol ‘// was rams-lured for commussuon of offence 9 about +he weapan af affence—spadeand m , d fhe same under Ex P-3 The blood stained ‘ ‘ ‘ f V Q‘Ywk ' } ?- r . n ‘ I r \ h fl 1 f XI—HC122 ‘fv mm mm‘ (I > \L 1 .72. ‘ ‘ accused/appeilari‘r examined .ien recorded under Sé‘cfion 313/of 1h 1 I r } r f \ ‘ r } x i;” 4 ‘The prosecutibn m order h esfabllsh charge agams+ fhe ' _ ifnesses - Sfmemanfs of accused was Cr.P;C. in whach he denied *rhe‘prosecufaon > sfm'ed fhafk he ié innocen‘t’h'nd ha bezn ‘ evidence appearirig againsfhim‘an keiy mphcaied m me crmle ‘ v. Q; r g'T 1ix ‘ Learned sessmns Judge after- haarmg The argumems of counse! far n'l'enced 'rhe accusedhppeilam- heram as respechve par‘hes convnc‘red and A _ men‘honed m para 1 of this Judgme f Wc‘hw; hard lam-Md can :l fgr fh: pawl-ks, ‘ ‘ ’Homiéidal dad-h of An’ukr is no? in dispufe. As ¥ar as ihvaiwmenfof 1+: acéus¢dlap&liant {margin in commissionyf 5 Bukli Bag has stared én her evidence mat sine was’working‘in her ‘ki‘l'chen garden Raw-am we; wan-king m his kH-c garden and Anukram (since deceased) & -' Barnuud were piaymg m the kitch n garden a”? Ronhu She saw fha‘t Rm‘wam 2 csscuh'ed Anukrom mace wnh ih spade on his head as o resul'r of which Anukrcm feH down Bambad sh and wem‘ 'ro ca” Dhansm In +he crass—r: _ exammahon she has shied i'haf s e had no? gone near- Anukram she saw fhe ' ‘ meudenf from i‘he oldce where she o9 standing If is uncorreci' w say rhai- she had no? wi nessed ‘r‘we Ircldent ' W4 Khora Baa m examna‘rion-m-chaef has cdrr-cbora'red fhc evudcnce o‘f ?W Bukh §an bu'r somehow she +ur-ned hos'hid m the cross-exammahon ‘he has mred in her cross-exammahon The? she had w . ' crime in question is concerned, "on~/1'he fn‘l'e'fdi‘d'ay ’of‘abouf 4 p h [‘43%%F@3. e - P, ' L- ‘ e d XLHcLzi m‘ ’ deceased wrl-h ‘rhe spade she came +0 know ’only when her grandchu’d came an mformed her DW—3 Kal!ur'am has shred -n f. his ewdence fha'l' he saw Anukmm m an uncanscmus s'rafe There was mJur'y on ‘ , g his head and he was lyma m i'he kl chen garden of Ranha PW-2 Parasmm has ’ sired m h-s ewdence ha? m the vemrg he was a1 his resdence a? ‘huf mne , *Dhansal fa‘mer of Anukram ca e and Informed fhcf Ra‘hr'am has wrmcked j V : AnLkmm Thereafur he wen? aong wlfb Dhansm and saw Anukmm he was 1 . unconsclous and mere was mJury Ims head Thereafter he caHed Ra‘hram a? . , _V ’Iirhls residence and 1-her-e Rain-am d: closed *ha‘t since Dhansan gave +he paddy af s ' »§_!evy .r sma” quan‘my #herefo he assaui ed his son Anukram He aka dusciosed fhar he assaui'red Anukr m wn-h fhe spade on his head Thereefrer- ’ ; War-am Lure! Add ard ofher‘ pe sons came on the scene Affor' one cr' +wo i F I > ’ days fhe police came and enquu' d abouf The madem‘ PW—i Dhansal who/ ’ 1 iodged i‘he report and father af I ased has sfafed #haf on fhe fa+eful day ‘ when he was sl? mg Wifh Ka’i Brajesh his eider aan Bambad came and f mfermed dict Rel-mam has assau' ed Anukr-am Mi'h the spade on his head and L i he is iymg m 'i'he krrchen garden of Ponha 0n hearing fhis he wen? 1’0 fhe piece f and saw fhaf Anukram was iymg fhe ground m an unconscwus sfm‘e fhere oozing ouf of fhe mJury The accused was ; '_ 1 r I game mJury°on his head and blood ‘ c aiso s‘andmg m fhe .<I1'cben garde .of his house and on seeing him he war-red V fhr‘owmg sfones towards hm! _ Learned counse! for fhe a cused/appeiiun? argued that fhe maiden? :s ‘ said to be occurred on 3 7 1995 w areas Dehafl Nahshn (Ex P—l) was iodged on 5 7 1995 wrl'h a delay of 1wo days herefore fhe case is doubffui 7 [thaw r , e u ' , a x1.Hc.22 H i I ! - Vilof fhe casz or creafmg The fa i L If is se‘H’ed law 'rlm‘l‘ delay m lodging ‘l'he repor‘l' Is fa‘l'al only when fhe ’ ' ’ ‘ Tlme befween fhe Incident and lad mg of reper? has been unhzed for framing 7 eVIdence In the Deha'h Nahshl (Ex P-l) . Dhansai has categorically menhon d +haf smee Anukram was mJured he fook " .e ’ him fa ‘he hospmzl for frea‘m and fill .odgmg of repor‘r he was busy m - l looking afler Anukram ‘l'herefor , #he delay has oacasuoned Loakmg 'l'o *he ' 2 ewdenge cvmlabk on recard and a so the facfs and Circumstances cf the case ' > *we are sahsfled i'ha? ‘ihe delay h V no‘l' been caused an account of fels‘hng a V’ false ease on 'l'he aecused +l1er are, we do no? fmd any subsfonee In fhev f I: urgumenf advanced by learned cou sel far We accused/appeNan'r She fur-flier- orgued their +he ewdence of PW—5 Bukh Ba! ls no'r . l lrustwor‘thy, for The reason Th she has sTaTed ThaT accLsea assaulTed o j Anukram fwlce bu‘l' as per medical ewdence only one mJur'y was noficed as such V’l-here is var-lance befween The Ldlcal ewdenee and ocular evxdence and fherefane #ns wrlness conno‘r be elneved , ; ’_ e ‘ In order in appreciate ‘H‘Ie arguments aivanced by learned counsel for accused/appellant we have exam l’he evudence of PW-7 Dr M K Jam who has stared fhal there was a comuslon and abrasmn on rlgh‘l temporal zyaomaflc region and apar‘l' from a+ there was a blackness surrounding bofh the eyes. boé?or_.has further 5 ed fha‘ There was a cloned blood behind a ba1h line eyes fron‘l’al bone was l racfured and fhere was Intracramal eloffed blaad The lnJury was homicidal m nature and sufflcmm la cause death m . ‘ ordinary course kg [alaélian x f l ‘ f e e i d bl ‘? . i show +h¢f he has depend agalnéi' fhe accused on accoum’ cf some animosl+y or he as havmg any per-semi Interest m Dhansm Therw‘ore The ewdence of this l Wifness inspires confidence of ‘ihe Cour? Leqrnzd counsei far ‘rhc accuud/appeuan? furl-her ar3u¢d fhaf as pzr' FSL report no blood was found on 1' 1e weapon of offence ie spade fherefore ~ wwvery of sama cannoi b¢ aonne Wed wWh The accused Buf even wrfhouf ‘ Circ-Imstcn+la! ewdence regarding Hoodsfams on the spade the case agamsf ‘ 1’ ,me accused has been esi'auhshed The ocular ewdence of eyewrrness namely - ' Bukh 8m (PW-5) and ex‘l-ra Jud: mi confession made by accueed before ’ Parmenand (PW-2).. ‘Fher-emore, fhe forgoing reasans we are oi *he ponsidered ropinio‘n fhaf Vihe win! 'ur'f has no‘r commif'l'ed dny iiiegéiify or ihfirmify in convicting ‘?he accused appeilenf in eohhec?§oni wifh’ the crime in ” ’ question Learned counsel further erg d fhaf fhere Is nafhmg on record fa show fi‘a'i ‘he accused assuu ied fhe de d wrih fhe mfen‘han ‘io cause his deu‘ih ' as The prosecufion has'no‘l' \heen able 1o hwng forward any moi-we for commiésion of 'rr'ime in quesfion‘ Learned rounsei placed reliance on The Judgmen? of This Cour-f m ihe ma'i- er of iniohd Akron: Khan i/s $l’ofe of i M P (now Stale of Chl'iaH'isgarh) re orfed in 2005 CG Cr J 222 On fhe ofl‘e. hand earned ddmonal Public Prosecutor for the Stare ' supporfed +he Judgmenf of The Trial our‘l' In arder 'i‘o epprecuaie The a umems advanced by learned counsel for ihe accused/appellanf If we look mi the ewdence of PW—2 Premanand before ‘L [‘iwél‘a? 7- a b r o c e XI—HC—zz ,, wwmwymlW ulna-[m ‘gri 2&0 " i ma Wm WW WWhwm emf-amine 4w} XI-HC—22‘ ' ' an x whoim accused maie +h&§x+r’o juai’ 'ai confascibn has ha+hgorically s‘rai‘ad ‘H’m‘r on account cf dispufe with Dharma . the deceased being The son of D ca+egoncally smfed #hai' fhe mJg‘ was sufficient m ordinary course of rmure , 1 ’ro cause dewh and as 1he deceas boy was aged nbou‘l' 5 years and accused qssauh‘ed him on his head wrth spa xe mtenhon of fhe aceused was wret iarge i'o 1d as such fhe Judgmeni' erred by iearned s of no help; as *he game :s‘dts'l-mguuhubie l l I x I regarding paddy of levy accJsed as¢auifed ’ ‘ nsm moreover Dr MK Jam (PW-7) has' as a resuh ef which as per medmal repor‘r even frcmal bane was fractured T! " ‘ commif The murder of deceaSed a1 } counsel far +he accused/appellan+ or fae?s ,\ 7 -' 'I'nvi'he r‘esulf we da ne'r fim f ef ‘mal cour‘r conwc‘hng ‘Hne aceusec > Semen 302 of The IPC The a j dismssed and I1- lsvaccordmgly dlsm i any iileg’aiify or‘in'firmii-y in irhe judgmenr VaypeManf for commission of offence under ppeal beihg devoid of .meri'r “ewe to be ' ' ssei d n Sdl- 3‘ e e Sd/. " LCBHADoo ,V g.“ e DmENDRA MISHRA (Li. \ §3shan/:- V Judge , r g1 Judge . . |' t ‘ ,. t L e 1. J V e L { N [were