W m&/6.é §=L 200 I Wm (W) «‘4 XLHC—7s WW, Wang,W mm mum (W) @ 111 200/ a3211é§n$§§ mwm WWW iwm $a1'Fcmm LO Cage of ”(he prosecutir about 1.80 pm‘ accus€d daceased) with axa, 1'11 village her murder. The matter was 011 the sam€ day at about. 4 that his; father uSed to 61.011 about 1.30 p.111. he: wa$ talki Surendra, at that time his statéd that he has commit {uShed towaIdS ihe hmuSe a3 there were grievous injuriei hivesti atine b ohieer after receim'rw b this re" art, 1eft for ~ the seene of accurrence a11d prepared t} iieceased Rukmaln'. The ac memarandum EKW6 regard axe, 1'11 pursuance of that he The fuil—pajlt and shjlt 0f th Dead body of Ruk‘memi W Ratzmpur under ExPj’ll—A {tondueted poStmortem am {‘EXFf 11} in which he opme due to grievous injuries cau '24 heurs. The axe 1‘11 ques doc‘mr under EXEI 12-A an report EXE’} 12 and opined gm 1'11 brief, i3 that e11 23.6.?300 ar attaeked his Wife Ruhr-1331' (smee Ksrra, RS. Ratanpur and (:emmitted reperred by Chhatraprakash @ Vikky .SG p.331. if: the poh‘ce Station statmg bt his merher to he a Witehcraft, at mg to hie friend Bhaskar Prailhan arid father came out from the house arid .ed the murder of my moiher. He d saw tha‘r his mother was lying dead, 011 her neck caused by axe The 1e inque$t {EX.Pi4) oh the bot-i}; of cused While in poliee custmiy, gave Lug the place Where he hat}. kept the got recovered the axe under E;i.Pf 7. e accused were Semed under Ex.Ff8. a3 sent to Primary Health Centre, Where Dr. NE Samdaria (E’W—é) l rePared the ,ostmortem re‘mrt 1 1 that deceased died h1sta11taneouslf sing shock and haeinorrhage, Within ion wae sent for examinatiori to the l after examillation doctor gave hi3 that irijuriee found on the body of WW, WE,W mm ; " Vi 200/ mafsam _3_ mm (W) mmiffgém animm rkaceasai Rukmani could b6 c ai'ticles were sent far chamj: 'Laboratr)ry, Bilaspur unda‘r ‘ ‘w'as racdved. stigation charge Sheet was tilec'i 1'11 the 3. After comnletion of inV€ Court of Chief Judicial Magistrate, Bilaspur, who in turn eSSioiis Judge, Bilasp‘ur from Where udge received the caee on traiisfer for cammiited th€ case i0 the S learned. Additional Sassicam; J trial. til Wimeeeee in order to establieh the 4. Fmwcutian examjzmd ehaxge against the accused. rscm‘ded under Sectian 3 13 t material agapearing against 1 stated‘that he is innscent ai Crlinll 3i011$ Judge aftei‘ 11ea1‘1'11g couneel for ctetl and senteeil the accuser} as; 5. Learned Additicnal 536$ the rewectjxm §arti€s, cwmn afarenmntimled. 6. WE havs 11€ald MI. E Aliita Smgh, emulsei appaarij ancl MI. Ashieh $l1ukla, GA. ‘ Siam] respondent. iused by i116 axe in quesiian. Seized ial examination t0 Fareneic $eienee EX.P)'25 from Where report EXP/’26 Statement of the aeoueed wae )f the CLEC. in which he denial the o'm in the proseeution addenee allil 1d hae been faleely implicated 3'11 the Advocate with Met .R. Sharma, (Er 1g on behalf of the accueeflf appellant with Mt. Metal Mishra, PL. for the )0. v nc §7 mmw wmtm Tr’. Mr. D‘ R. Shanna, has net digjstlteé the homicidal death 0f fie ocular evidence of PW—Q dmit . ’Kumar and médical eviilence Rukm 311i. ’ Moraaver, fmm t corlducted pustmor‘mm 011 the that there ware iive incised wr martem in nature and grievous it is estabh3h€d thai death of E 8. As far as invohfement o:' uestion is concerned, PW-l ( accused, has turned hostile z statemen‘i that accused made ‘fhat he has cmmmitted the m 0111}? evidence regardiiig inval- ques‘tivm is of PW—2 Amit Kum] fatefulday at aboui 1.00 to 1, pole near the heuse 0f Pan accused came out of the hou carrying axe in his hand an assault Rukm ani, he ran away. He went and informed Vikas. Vikas, he saw that Rukm ani w 311d there was injury on hex cross-examined on the aspect the accused Chasing Rukmani i of Dr. N.K. Samdaria (PW—e), who body of deceased Rukmani, noticed Lind on the neck, injuries were ante and death was homicidal in nature, ukmani was homicidal in nature. the accusedf apeeliant in crime in llhetraprakash @ Viking eon of the end he has resiled new his earlier extra judicial confession before him urder of his mother. Therefere. the rement of the aceused in crime in ir @ Lalu who has stated that on the 3Q p.131. he was standing beside the leshwai‘, ‘at that time wife of the se crying, accused was chasing her d when accused lifted the axe to Rukmaiii was crying “save, save”. Thereafter, when he came hack with as lying 011 the ground, she had died neck. This witness has not heen that whether, in fact. he witnessed. ' carryihg axe in 1his 1hand, Rukinani q @ . .........l . W 200 mm (W) WWW m WW§WW m Warm _ § ‘ avaimm crydug “save, $ave", thsrefura, them i5 110 reagon befare this Couri to disbsliak the evidence of s witngag Moreover, the €add€11c€ of this witmass stand$ corro'bor ted bv the circumstantial evidence that the full—pant arid shirt the accused were seized under Ex.Pf8 &om his possessien a 1d the same were sent i0 ESL. Bilaspur fmm Where repcxrt which the sa‘zed full—pant : Pf 26 “ES received, according to ‘ “e found stainecl with blood. Even as per fhe evidence of 1'11 estigatiug oElcer Praveen Rai (PW— 14}, the aocueed While 1'11 police ousto dy- gave memorandum EXP; 6 to the etfeet that he hag ke the weapon of offence {me to. i113 house, pureuailt to which axe Wae got recovered at the metalice of the accused under ' chemical ¢Xami11ation to F‘S. laboratory, the axe was also f, and stained with mood. Moreover, the doctor who examined the axe 1'11 question, has opined that iiijuries present on the body of deceased Rukmani could he calmed ‘ 'bV the said am Therefore, i e EKF] ?’. The axe woe aleo Sent for , Bilaspur and as per report of the i‘gee {tom the evidei‘ice on i‘eoorci that in fact Amit Kumar ( ) Witnesseri the accused chasiiig Rukmam', she wae cryo'ng “sa save”, when amused lifted the axe to assault Rukmani, he bei frightened ran away and went to iiaform Vikas and by the time 1e returned Ruhmaiii was lyiiig on the ground in aii injured c01 ition. The above evidence further stands corroborated by the fac that the axe in question wae fo and etained with blood, full—pant shirt of the accused was found bloodstained \ i / and as per. th " dilence of Dr. $amdaria (PW~6} the — 50,000. / L t ” g f E . W p ’ e P 2 v- , ng 1 3 . Wm’gK WT mm (W) m mwm *Qm WW wW %31'i%rq311%¥t njuria's pressnt’ on i116 bail}; OE deceasmd £01115: ‘36 cautsed by th€ axf m quwtien. . Far tbs reagents mated at gva, we ck; nwt fmLl (Ln m€galitv or firmity in the hnpuguéci jucigment 0f the trial Cmur‘i. T116 appeal lacing d€void of substance desa‘sieg to b6 diamiSScd and is hmeby di5mis3 6d. Sdl- L.C. BHADOO Judge Sd/- ‘ Dhirendra Mishra: Judge » a1 200/ f i 9 in