‘ CF0000061 589 ~ ‘ - "".:’ " g "‘ 1" 79/. . ' ’ ‘ APPEAL PRISONER N°_W.$~l1 \ > Name WT >¢§T Father’s Name “W‘Q Resxdent gg _ W.§I§ Age_ $é ‘ Sentenced to QHGF‘FGW) m on g, g 53% Under Section $ O L "L ‘ ’b'” C” by $ 3 S ’ &&L MA ‘é" @UNA It 1s explamed to the pnsoner that 1f he states or w1shes to be represented by a lega! practmoner the Appellate Court W11! not proceed w1th the base for seven day< unless thel gal practmoner appears If the leoal pract1t1oner does not nappear w1thln seven days he may be heard at all 1f Ingal practmoner the court may proceed at once w1th the case and Will not be obhged to glve abearmg to ' ' egal practmoner who should appear. l \ . p T‘g; 2R3 l. Date of apphcatlon for copy of Judgement - « ~ ‘2. Date of whlch copy receivedv:— 2 l ‘ 9 7 “3" lg 3. Date on which I. appeal . sent ':- 23/y I a x Qf 9?? W 77:1“ 00 , t . L s ' r, 4. Whether the prisoner wished to be 9L represented or not - +~r9¢w€§7w N0. g W Name zzwg % l K\ ; §l centinued in 4%” ‘ hum?“ llg l‘ m‘ngét‘gl; No. ‘rmeééwol /Dated 22,2 i Z$€ L Forwarded to the CHIEF JUDICIAL MAGISTRATEMMK " together w1th a copv of Judgement or order passed 1n th%case for favour of nsmlssron to the proper Applleate Court t$r Su perinte enent \r} Date of receipt in C. J. ML O$ce. IA 419') Date of receipt of record to accompany. ,_. Memo of Appeal of the Appellate Court. ‘r' Nawwggy dated“! e11 W Forwarded to the H/g’a- $§$fii§£ W " § ” ’ o ‘ »xa xiv} / " ¢ g 3 XI—HC-22 Igxx-Hc.22 WW a 1% m \im [2% WW XI-HC-ZZ When he saw that the accused him, he became suspicious as to y he is taking bow and arrow with ¥ him He aisc followed the accu and his fathe’t. in the forast. the accused shut his father With bow ich hit on the chest of his father and he {ell down as the arrow pierced nto the body of his famer Seeing this he came running to his house an informed his mother, uncie Lakhma fend others that the accused has ot his father with arraw. 0n hearing this, they” ieftr towards the piace' f occurrence where Kalmumi Nariga V had already. dead. Thereaher, the y of his father was brought b their house. On.receiving this report, .H.O. policesmtion registered F.i.R. (Ex—PIS), ieft for the scene of ac rrence. after'giving notice EhP/8 to ‘ . the Panchas, prepared " Pancha ama Ex.-‘Pi9 of the dead body of Kaimumi Mange. The dead of Kaimumi Nance was sent for postmortem examination to the Primary uHeaith ‘ Centre, Kuankonda : / where Dr. RA. Khan oonductedth postmortem on the body of Keimumi Nanga and prepared the postmo m report- Ex4-P113. The accused while in the police custody gave a me orancium Eat-PM regarding the oiace where he hadrkept bow rand/error and. in v‘pursuance’of the information ~ given by the accused bowend er ow were taken into possession under Ex -P/5 The piain soil and blood ined soil were hken into possession from the place of occurrence und Ex -PI6 Merg intimation Ex -PI7 was owen by Kalmumi Hunga After completion of the inve 'gation charge sheet was filed in the Court of Judicial Magistrate, 1" Cl es, Dantewada who in tum commiued the case to the Sessions Judge, Ja daipur for trial. , r XI~HC-22 We have heard Ieamed cou sel forthe parties e The homrcrdai death of eoeased Kaimumr Mange rs not in dispute As far as mvoivement of accused/appetlant in committing r, murder ef Kalmumi Nanga is con emed PW-2 Kaimumi Hunga, son of the deceased has stated that hi r had constructed a house on the . iand of the accused and on ace unt of that there was some dispute between the accused and his fath r in the same morning, the accused ' qu'arreled with his fathen At abo 10 am. the accused asked his father for going to pond for taking the When his father and accused Deva were going towards the pond f taking bath the accused aiso took aiong With him bow and arrow th t made him suspicious as to why the along wtth him He aiso foiiowed his accused is carrying bow and arr father. 0n the way, he saw tha witharrow which pierced into c to his residence and informedh that the accused has shot with The prosecution iri order ta establish the charge against the- a‘ccused examined 5 wimesses. Statement of the accused was recorded under Section 313 of the Cr.P.C:. in which he accused denied the prosecution evidence appearing inst him. Learned Sessions Judge after hearing arguments of Pu ic Prosecutor and counsei for the accused convrcted and sentenee the accused as mentioned in para-1 of this ,udgment accused shot his father on the chest f his father. Eie immediately rushed mother, Jagra’,” Lakhma, and Nanda r rowto his father, on which all the persons ’went‘t’o scene of occurr and sawfthat Kaimumi Nanga was tying dead. Therefore, they‘broug tthe dead body of Kaimumi Nanga to [thaw a a e s e b ; o r e t o h i XI-HC‘22 V PW-4 Kalmumr Bheema as correborated the above evrdcnce and smted that the accused de ema Judrcral confessron before ‘ Panchayatzthat he shot dead Kalm ml Nanga wuth arrow. r v - *Learyed couns‘ei for the acr:used/appellant.argued mat as per the evidence of-PW—4 Kalmumi Bheema it is estabfished thatthe accused made extra judicial confession on account of threat given by-Kotwar. therefore, extra }udiciai confession made’by the accused cmnot be taken intc consideration But we are of the consider opinion that even if the fact of extra iudtciai confession is not taken ant account from the ewdence of PW«2 _ Kaimumi Hunga who witnessed e crime in question, it is oetabiished r that the accused was the author of e crime in question _ in view of the above we a of the considered opinion that there is no illegahty or infirmity inrthe iu gmentof the trial Court conwctmg and. sentencing the accused for ’co mining murder of 'Kaimumi Mange. , Qwcre‘ the appeal fails and sa e' is dismissed. ’ / theJQsidence’and Panchayatmgconvened-where Pancbayat enquired ironr‘the accused; The accused made extra indi¢iai confession before the P‘anchayat that he has shot d ad the deceased Kalmumi Nanga with . arrow uben which repmt (Ex.-P ) was iudged by hiFn in the police station ’Barve . /