IN THE HIGH COURT OF CHHATTISGARH XE BILASPUR. § §5;;§9:_Z§_€Z.9§_299;: APPELLANT (IN JAIL5 u uvraj @ Guddu, S/o. sukh Lal, aged about 20 years: R/oo Prem Nagar Kondagaon, Distt. Bastar (C.G.) . VERSUS RESPONDENT state of Chhattis garh, through z Distt. Magistrate‘ Jagdalpgr, Distt. Bastar. CRIMINAL APPEAL UNDER SECTION 374 OF TI-E CRIMINA PROCEDURE CODE. Y L XI—HC-22 3am, may, Faamgt \é‘ DB HON‘BLE 5HRI £ Bi HGN’BLE SHRE D R. D 1 ~7—2OC5 Shm Q 5 Patel mange i Tor The uppeiiam _ OraL Caarned counsei far £ uccusad/appaikmf has been +herefo'rej “The appeai may Lawyer hasVno abjecfion. HA DO¢ 8: tSHMUKH‘ 3'3. {we years m cusTody for more fhcm 5 Af +he raquesf pf cc]unse} for fhe appeilan+, heard +he appeai finaily. 3y This appeal! The‘ accused/appenam has q'ue‘$ iegaii‘fy of: +he judgmenf o passed by ‘khe 3” Addifi 5.7. Naaswaooo where hoiding 'i'he occu52d/npp llanf guih’y for commi‘r‘ring murde 3hr: Akhd Mishm Pan?! Lawyer for The STm‘e/respendenf Timed fhe convic+ion and sen‘rence dafed ‘29-9-2001 Sessian's Jurige, Bash? a? Jngdaipur in iaarned Addi'Hom‘ 5e3$ions Jud'ga uffzr ef ‘, ‘emwhmr convicTed him under Section 302‘of fhe ERC. and pmsonman-f far IrFe sen-fenced him 1’0 undergo I The prosecuhon 510 y m brief necessary ror 'rhe d‘sposa! 6f fhls oppwi 13 fhu‘r on 15-5 £060 cf abau‘r 10 pm m fhe mahf San‘msh PW-Z Eamchandm U¢en ! PW 3 dong wafh decea5ed Somashwar me appeHaM submri'fad Thm‘ as fne be hzar'd fmaily To wmch learned Pane! a b r i ‘ ,NL XI—HC-22 WW, wan—:5,W W WW... 200 ....... . ........ . ......... m ........... .. . . mam mm WWW 1 I WWW we?” \ ' WW WW %mm ‘1 were going To bring Food f‘or ane lander who was admi‘H'ed in The ‘ haspifa! Kondagaon. When They reachad near The hause of Sanfosh, a“ v? u sudden, fhe acagsed came from hehind and attacked side 'Hne Semeshwar Dubey wifh an axe on fhe righf side of henri, as a ** fesuif of which someshwar .‘eH down on *rhe 5pc? and Mood sTarTad om: Som‘o3h and Romchandm wok Someshwm' i aozhg of fhe injury Som‘o3h wok 1 “(a fhe hospifa] mo iodg d The repor? of The Poiiae Sfm‘ion i ‘Kondagaon. Poke regisTer-e The case under 5ec1‘ion 3§7 of :Phe " IRC. Someshwar w‘os sen? for ’medicai exommafion where he was medically examineo. He rec ved injuries on fhe fron‘mi and pariekd bone arid if was opined by 1’ e docfor fhm' fhe injuries were, grievoue in nefure. The Invesfiga?’ g Officer- fook info possession biood smined soil and plain soil fr m The place of occurrence and The nexT day injured Someshwar ms faken‘ 1'0 $even Hills Hospi'l'al, Visakhapo‘rnam where he wa- odmi'l‘ied for ‘i‘reo‘l’menf. However, on 23-5-2000 n‘i abou? 3.30 a Someshwar‘ succumbed +0 ihe injuries. Merg in‘i'ima‘i'ion was given 1" fhe Police Sfafion. T'ne pos‘rmor‘iem of The body of Someshwa was conducfed a? i‘he hospifal, Visakhapafnam. The Inves‘l'i a+ing Officer prepared eke 5i+e plan of The scene of oecurrence and o1- i'l' prepared from Forwariv , Affer compleiion of e investigation, charge sheef was filed against flue accused'foppella 1- in +l1e Cour‘l- of Judicial Mogisfra‘l'e, 5%aia‘n) Kondagaon who cofnmi‘rfed 'Mg case 1'0 ‘Hne Sessiené Judge: Sasfar a‘t i Jagdalpur, who in Turn, Tmqkferred fhe case 1’0 The 3rd Aszidi'rioml i Sessions Judge,3asfar m‘J dulpur forh‘s disposai. The prosecu+ion in o Han +9 prove ‘H'm affepce a9a'ms1' fhe ’ accused/appeilan? examined 1 wimesses. Sfafemem of The accused mas regarded under Secfion 313 of The Cr.P.C. in which fhenccused pleaded ihnocence and 51m & fha‘? he is inhocen‘i‘ and he has been 2 fatsely impiica‘red in The cri e. Learned Addifional Sessions Judge affer‘ halving fhe argumen s of Addifionai Public‘ Prosecu‘l'or’ and ceunsei for fhe accusad an uisd ’affer perusai of *ihe records and placing reiianca on fhe evi ‘ rice of PW—E and PW-3 convicfad and £2n+anc2d fhe accused/appeilnni’ in 'i'hz manner men+ionad above. i I . i We have heard Shii RS. PaTei, Ieai~ned caunsel for the accused/appeiiam- and Shri Akhii Mishm, iearned Panel Lawgmr for ‘i‘he STgTe/reSpondeni’. As far as +he nm‘ure 10f dea‘hh of fhe deceased being hamicidni is concerned, 1'he same is he? 'dispui'ed by iearned counsei fer f'ne uccused/oppeiiam‘. PW-9 tr. V. JugannaTh Rec has stared Thai he was working in fhe Medical: College, Vishakhapa'i‘nam. On 24-5—2000 he conduc'red fhe posfmorfam on The dead body of fhe deceased an we. The requesT cf Police 5Ta1']on, Kondagacn and he nm‘iced Thu-r There was horse shoe shaped surgical incised wound on WeLighf pariewl ’”‘ ’ ’ " ’ (filoW) «4 , XI-HC—22 ’ . 3am, WWI—5:,W 3mm WW... W 200 W WW ‘ mm mmmm WW§WWW WW V —3# wrimm XI—HC—22 XI—HC-22 ma WW V We have perused The evidence‘rof PW—Z and PW—3 who have m‘regoricaHy sfafed fhm‘ a? fhe ‘rime of The incident They were gaing f0 bring food for one Indkr wha was hospifaiized and when I‘hzy reached near fhe house o from behind and assauhed T They haye also sfa‘i‘ed accused/appalian'r assauifed £ be‘rween fhq accused and fhe deceased. Therefore, The invoivemenf of +he occused/appellanf in F Sani’osh, fhe accused/appeilun'f came he deceased on his head wifh an iron rod. Tho-r fhgy do nof know why +he +he deceased. There was no animosify fhe crime in ,ques'rion grands proved by The evidence of PW—Z and PW-3. Nowi coming +0 +l1e q .Iesfion as +9 which offence is made ou'i’ ngainsf fhe accused/appeiiun'i', if is admi'i'fed posi‘i’im i'ha‘l' fhe accusedfappeiianf ossaui‘rm prosecufion has no:i' been obi morive of ‘i'he crime and 1+ deceased wi‘rh fhe infen'rio‘r inciden‘i' fook piece on 15- , hospiml on 23-5-2000. considered opinion fha‘l’ if evidence That The accused m fo commi‘r his murder. Bu'r i ised assauiTed The deceased wiTh an iron (@W) i fhe deceased only once and The ie To bring on record anything regarding e TacT ThaT The accused assauiTed The T9 commiT his murder. Moreover, The 5-200§ and The derensed died in The l 'n The circumsTances, we are of The cannoT be inferred from The above TsauiTed The deceased wiTh The inTenTion The manner in‘ which The ecu. r is defin'n‘e and iT can be inferred ThaT XI-HC—22 wor is viikely 1'9 be mused, Therefore, is parfiy allowed. The convicfion and ilan‘.‘ under Section 302 of fhe I.P.C. f! The accused/appeuanf is convic'fed a under sécmn 304—11 of me Lac. for 7 year's. The accusedx’appeilan‘r wiH r *rhe perilod‘for which he has been ir; H‘h‘iai. rod on his head: he was hawing knowiedge 'Hna‘t on accounf o'F such assaulf The deafth 0f Som offance under Section 304 In 141a resuH’, 'i‘he ap‘ u‘senwnce imposed on “rhe are ‘sef gside. Insfead fh far cemmi$sion of The of A and semenqed To undergo R. . ‘ be emiadéd for we se+ off cusa‘ody during inves?igu1'ion Er: View ef +his order, M.(Cr.)P. N9.1345/300§ smnds di$posed of. Parties are .emified fo cer‘rified copy af This order. Sdl- L.C.BHADOO v. Judge Bnrvz (Ehééfiam 9f The LP‘C. is made out e - p e o e f c o d h i