~"<».w HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE MR. T.P. SHARMA & HON'BLE MR. R.L. JHANWAR, JJ. APPELLANT (IN JAIL) CR,_APPEAL No. 908 OF 1990 Kishore Bhatra alias Kishorelal son of Ramlal aged about 30 years, resident of Shanti Nagar, Faijpur, Jagdalpur, Distt. Bastar, MP. Vs. RESPONDENT THE STATE OF M.P. CRIMINAL APPEAL UNDER SECTION 374(21 QF THE CRIMINAL PROCEDURE CQDE: Present:- None for the appellant. Shri Rakesh Jha, Dy. G.A. for fhe State/respondent. ORAL-JUDGEMENT (Passedon 04/05/2010) The following iudgment of the Court was passed bv T.P. Sharma, J:- 1. Appellant has challenged the legality and propriety of the judgment dated 4/9/90 passed by 3rd Additional Sessions Judge, Bastar at Jagdalpur in Sessions ta-ial No. 109/89 whereby and where under after holding the appellant guilty for the commission of culpable homicide amounting to murder of Kalmumi Hidma convicted the appellant under Section 302 of the Indian Penal Code and sentenced imprisonment for life. ' "•vf 'J't'a ^.^^^ 2. Conviction is impugned on the ground that without any credible and clinching evidence sufficient for conviction, Court below has convicted and sentenced the appellant as aforementioned and thereby committed an illegality. 3. In the present case appellant is not appearing before this Court incompliance of order of this Court since 30/6/05. The warrant issued against the appellant received unserved With a report that appellant is not residing in the address given in the warrant, we are not having other address of the appellant therefore hearing of the appellant or his counsel is not legally possible. 4. We have perused the record. 5. As per record appellant committed culpable homicide amounting to murder of deceased Kalmumi Hidma on 16/9/87 at about 11.30 at night. Matter was reported immediately. After investigation charge-sheet was 5.1ed. Accused was tried for the aforesaid offence and finally he was convicted. The conviction is based on the evidence ofeye witness PW1 Bhumibai. 6. On close scrutiny of the evidence, we do not find any illegality in the conviction and sentence. Consequently, this criminal appeal is liable to be dismissed and is hereby dismissed. Court below is directed to issue warrant of arrest against the appellant and to sent him jail to serve the remaining sentence imposed upon him. Sd/- T. P. Sharma Judge Sd/- R.L. Jhanwar Judge