XI-HC-78 ‘ WAN m WWW WWW WWWW A E’FELLALVX' iijui $011 Lahwgan 3a W, mug,W o~ .ST/.2.9P§w 200 Wm<W> m undsr Sactiom 302 am? ‘ZOiofiha ix moms-1‘ and for causing disappozu‘a pumsmnarm, semanceci him to unq wars respwriveiy. it was fwTher‘ COnCUYf€nUy G ~ .c 1939, tho accuSeci-appoiiant was res {mam of Basebai. mother of tho ac‘ ,.... Rf;SFDI‘E3ENT Him me aim L i 1C 6‘12 stats o: .Jmattisgam, tm'ougjl Station Emma O ”I RS. Sitanur. Dim. Sargnh ”Ja (CG . 1 5F a€iG0 «Kw. Een’ble Sbri nhirewjra Misiu’a. J E‘hri Marioj R/iishm, Advocae for The appoiiant Shri Dix Gwah‘a Adciiiionlai Pubiic Frosmutm‘. for th6 tespcnéent/Staw. Argumems hwrci. Orai Judgmem dictated on Q U1<AJ Pay LC.Blm_dn.,n. .T. - mus appeak is cinected aga semencc dated 30th Novamber. 2C Ambikapur (Sarguja) in 5.? No. Sassions Jucigs after homing accu L. (Lasc ox Tho lyi'osecu‘iion, 311% Vi’iiage Choukidar Tihuic‘ias (R‘W memloned in ma ropoH {fiat saic‘i ir Ldais. L: J- ’ULrVHi\1 mst mo juc'igmcm of conviotion a‘m‘i orc‘iar of 00 oassad by 1": Additional Sessions Iudgs. 90-"'ZUOG, Whare‘oy the ieameé Ackiitionai adiappoimm'guiity for commission of offence (nan Pam Cock: for conmxming murém‘ of ES ace or ewusnce to screen ilnnself from iégai orgo imprisonmsm for h’fe anc% R1 for five wrectea {hat both ma Sontonces shaii 11111 “mief, is that on the dais of moidom La. Zo-EZ- kimg with hi5 mothor. Abomfho incifient i‘e. :usodvappeiiam, report Ex P—l was given by pon 28-11-19§9 in Poiioo Station, Simpm'. E6 formation was givan to him by‘Ai111‘i£ Kimio RIO. m ; ) J; XI—I-IC-78 /- w ww,m§, -..$i/.l°°‘ ~ a3 200 mumm .C.:C'. GJNPm WWW WWW mmHFsam' (khw. 2) whO infmmad Tihuic‘las 101' mama} treatmant of Basabai < amrism‘: him to tak€ his mether t0 reached t0 the spot, body of Ens Léasobal died on account of iiinéss, 011 which he“ gave Merg mimation Ix R2. rub invis‘ionai Magistt'ata, mnbikapur, Station apui‘ wont to the spot, in pi‘osonco of ’1 ohsi‘tdai’ 5 to Eanohzis, oxhumod the 'ooc'iy of Basobai. iite plans L\ P—5 anti P-o were propared. From stained soil and piain soii was takon into o 1n poiioo custody, accused appoiiant gavo :6 ot that ono Wood was seizeé uncier Ex FHO. iductea by Dr. M. Nihinj (P. W. 1G). Ho opinsd njuiy about a woo}: bofore. Ha prapared post er undo-1’ EX. P-‘Zi, First information Repmt Was nos under Sootions 3‘32 and 2G1 of LRC. After rge shoot was friod in tho Court of Judiciai )tu‘, who in turn committeé tho Lass to tho whom ioamoc‘i 15‘ Additional Sessions Judge, anstor for Iiiai. Lamish the charge against the aeoused-appeiiant int of accused—appeiiant. was recortieci uncier e cienieci the materiai appeating against him and 3een falseh’ imnlieated in the crime, Learned 1“ s hearing counsei for the respective patties, eonmcted and sentenced hi an arementioned. m fo WWWEWW §7wm¥r mW<W> that firs accusad want to Mankunwar (TJAW. 3} smce dacaased), on which Mankunwar (RW. 3) 'r’mnary‘ Heahh Cam‘c, SiTapm'. Baforé Tihu‘ldas )bai was airway burisc‘i. H: mu imbnnec‘i that lizareamr undar the orders of t Heuw Offmer; Poiica Simian, Si ai‘zar gmng notice unciér Ex P- 331‘epm'6ci mqwsst rapmt Ex. P4. f {mi piaca of occun‘onca: biood possosswn unclor Ex. P-‘7. Vni momorancmm EX. P-9, in purSuan Post 310116111 on tho body was oo1 that oaso‘bai diec‘t iiue to head i monem report EX t1 1 '7. Thoreaft rogjstored for commiSSion of oi‘fv: complouon of investigation, ch: Riiagistrate First Ciass, Ambikag Sessions Judge, Ambikapui‘ fron Amhmapui‘ rocaivoé tho case on t1 3’. Erosocution in orc‘ier to es: 0y::am1m:o 1L witnesses. Statém motion 313 of CLPC, in which i; statco that he is innocent. Ho has Acltiitiona'i Sossions Etic‘go, afto \ P.T.O. XI—HC-78 3E , ‘7 E 3 . . cfjk‘Me. 3/”(mm mm(W) V W as!m v 5mm:W EwW ‘ WWW mmwm aawm ' ‘ 11 g 4 W6 have- ixaard isaméd counsei for the pamies. 1 ‘ N 5. Counse‘i for tha accuSsd-améiiant arguad thai in fact, thm‘e is no ewdefnce 10 cmmeci thé accus€é~appaiiant with murdar 0f his mQther Basebai. Ha has been P1 wm‘icted withaut any evi€ience on meord. ; r 6. On 1116 othey hand, Eamad Additionai Pubiic Prosecuior suppmta} €116 ‘ / juc‘igmsm ofmar n'iai Court. 7. Havmg hearci leamad counsai for the pmiiex, we: have p6m3€£§ the recm‘d. Virmaiiy in this case: that: is no evic‘iema to coxmeot {116 accusmi-amyeiiam with tho crimé in question Tihuidas (FW. 1) Who ga‘vo rapoii EX P-i rogarding ciaah‘l of BaSo‘Dai, has statéd thai ho gave that report on tho information givan ‘by one Axm‘it Kindo. Amrit Kindo (P.'T’v'. '2) has tamed hostile: He has stated that one ‘ J " pen-son came on their quaitei‘, ashd his wife that his mother has sustainec‘i injuiy, I therefore she neods treatment. Kehra qi‘aon had not disciosed anything ahout manpoet. hithe evening, he infonnec‘t Tihui that Bawbai has ciied on aecount of > hijm'y. Simiiari‘y, P.W. 3 Mmkunwar has aiso mined hostiie. She has stated that L». accused has not toid anything abo 1t quarrel or heating to his mother. She has not supported the prosecution case. Simiiariy, PV 4 Ruchai‘am has aiso tm‘neft hostile. He has stated that Iiju has iot infonned anythhtg to him. RW. 5 .Tlmdamin has aiso tumeti hostiie. He has stutec‘: that how Basohsi (tied, he (toes not know. When Basohai was being hui'ieti the accused. was not there. iijn (lift not teii i EL anything to him. PW. ‘6 ’Diieshn at F'l'asad has stated that when the body was exhumed and post moment was conducted, he was there hut the 'ztecused was not there. Panehnama EX. 17-4 was prepared in his presence, which hears his signature. ‘ Map Yeas not prepared in his preselee. He has aiso turned hostiie‘. PW. 7 Mahant Das has aiso mined hostiie. He has stated that Iiju, the accused has not disciosed anything to the poiice in his presence. PW. 8 Tahsih‘tar Rajesh Sahi has simpiy 1 ‘XI-HC—78 mw,m,m $/:%??S. o OW“ 1mm m a1 200 mmm WWW maTWanw statgc‘i that imdv was 6xi1umea m 1 Nikm’gi conducta‘i post menam. i’. imiesiigation has smtad thai tha b0 preparéd m mesenw 01 Execu conducted by Asstt. Surgeon, F’x msmorandum EX. 17—9 011 23-1-20 pua‘suanw of that, thé W006: was back sick of thé nouSé o1“ me accu was found on the pime 0i wood, biood was human mood and What mem‘ly on thiS ground, the accx sod cannot ho connectoc‘t with tho mime m question because wooé Winch wa eveiy Where. 3. Next question remains that Dr. V1 Nihunj (RW. 1G) who conducted post inoitem and has stated that there was iaoerated wound in the size of 5 cm X 1 em hone deep in ieft side the head. On opening of skuil, ciotted blood was found and cause of death was head iniuiaj, But in cross-examination, he has stated the he 1s herefore he has not given any opinion about the size of the injury. He opined that beneath ehu‘i‘i such kind of h1ju1y can he sustained by fail y. Therefore, Virtuaiiy there :s no evidence that the accused in any manner assauitec‘l his mother. Dr. Nmunj’ g opinion is aiSo wavering. He has stated that such kind of injuw can he sustainxi by faii aiso which was found on the skuii of the deceased. Therefore, viitua‘iij‘ there is no evidence on record against the accused to connect him with the ci ime in question except that the body was buried 150 meters aWav from the house / WW§WW $Wm ris prasence, Panchnama was prepared am U1: «V. 11 Sub inspector BB. Singh who conduqtw Idy was 6x11umed 011 2-1~20Ut‘r. Fanclmama was :ivs Magistraté, Si‘tapui'. ?0st mm‘mm was immy Hwhh Centra, Simpur. Accused gava 3O ragarciing woaci, the weapon OI onanco: m wized under Ex P-m from kite-hen gm‘don m sod. In ESL. ropon, it is Inmtionad that blooci but {hora is nothing in the report wheiner 1116 was tho hiood goup of that hiood. Thsreiom, 2e of injmy and oiotted hiood was on the skull, not in a position to ten about tne s t a recovered, such wood is nonna‘iiy avaiiabie of the accused and some injuiy was found on P.T.O. WW(W) HW$¥§W§5 W 9‘ S QDq mmo0ocao . Cy‘ . 0.0.. ‘JI ...o~oo. W 200 WW(W) ‘ 5Rmm€%§$ w $m%@mmm%§%dh%gR éawm 'skuil of the decsased. Thare is no cormsct ths accusad with ths crima The fiacmsed with intaniim to causa (m racord, suspicion howsesver sirm 10. Far the foregoing masons oon‘vic-iion and sentmica imposed n}: and ZGI of LRC. cannm be sustainsc 11. 4 In ihe resuit, appca}. wowed: appaiizmt untiey Sactions 302 and 2( ihoso chargvzs. it is Staied that tho z ZODU. llm'afore, ho be sat at ifbényi' WM ‘ Sd/- ; L.C. BHADOO Judge cogent and ciear circumstantial avidsnca to that tho accusad was i116 parson who attaokoc‘i ‘161' déath more so wiihout any iegai svidaoc-s 1g it may b6, canno: take i116 piace ofproof. we are of tho considoreé opinion that on the accusa‘i-ammiiant under S‘ections 302 . and same are iiabie to bo sat asida. .. Conviction anti sen‘isnce imposad upon the )1 of LRC. arc got asidc. H6 is acquifted of ccusochappciiant is in éetantion sinco 23-i- onhwith, if not i‘equirad in any other case. ya Sd/— jj DHIRENDRA MIsHRA ‘5 , ‘ Judge P.T.. O