via“ “Fk IIHHH IIHIHHHIIIHHW ’7‘ 6 646 ’“Jizgavuair w? mmxamrvshi_&$-§£d§éx.;ag&w: . \I r; ,1 $28“ "m ~~~~~~~of 19§9 ma A x'r w £¥2z2a§§r3h u; Qakhal sun of La'bKT’nakul‘ Prasad, ( In Jail) amd abou’t 26 yivva1“s,“R/O Féamnagar, 19.5% Jainagax‘, Bisyt‘m faarguja MAP. t: Thg fab“ 03‘) féLP. Through ”cm P.$. Jzainaaau", Eistt: 5iax’gu3a ELF. gPPEAL UNEEH ‘ 'CTILIN §7L+§22 {3F THL SR .P J3. 197;; Con ‘ f §z§§1§gi 151% ' Imrigemmn’c am um of Rs” 1000/— m deyi‘aul‘t ofn fin?» R‘I. for 1 yam mom. U/3 . 302 19c . " XI~HC-22 DIVISION BENCH - ' ‘ . HGNBLE MR L C BHADOO AND HONBLE MR DHIRENDRA MISHRA, JJ 5 1 2006 ‘ “ 5 hVJ Sng ounlm t u hr: SIra lh csef The appellan 5 .N.. D, dd uic Prosecu‘fo wr 5hri Alo 8aks, OV $dvo‘l‘e for ;H S‘fresp'onden‘r. \ ’Om judgment l 5y f'ni aner cfia 374 2) o fh C..C. sed/- apeiian Dakh! ha queéfioned e égalycf ‘e judmen‘r f cnvidion dn order se‘ce d 2W“ us’1999 passed by 1‘e ddional Ssion udge, up isff Surguja in 5es§ion Thil No. 95/93 hereby ieame Add ons! Sesions Judge ffe holi Secliom 02 of fhe’I‘. for cammif‘l‘lng murder of his own fa’rh' r Thukur' Pmsad, sen-fenced him 1'0 undergo imfprisonmenf for‘life and p y afine of Rs.1,0QO/-, in 'clefauli of ' paymenf of fine *o furfher undergo I for 1 year m brief is The? on 7 6 93 PW— n Budhram (Koiwar) alang Wi‘rh accuse Dakhal appeared before The 5.H.O‘ police simian Jai'Nagar m‘ abou? 1 .30 aim. ond repor‘red fhq? Today a? abouf 8.30 om. when he was of his sidence, accused Dakhal came To his __ . r .. _ [slew Jihe accused/apellam guil’ry und p e The case of “the prosecufio km U5 ee Amomi Pbi r i'h k hi GT. ca 12 me/ s appelwud Sen ( f‘ e rP, accu p? a s Eh lifi rh g 0 _ o d of men a ad Augt h Aif ess J Smju fDiric § a 3 w d i i s ar‘ dng 3 PL 3 affackina him wi‘l’h a sword on his ‘heck and arm. He alsc infdrmed‘fha‘f his fmher was m fhe habrf of comMg f0 fhe house affer consuming liquor and used 1’0 abuse‘ On hearmg’fhxs he aiong wrrh The accused wmqesseré Dcodhnd‘fh Ram, Panchqm Das,’ Phooism and ofhers wen‘r To The houge of "‘ YHakur Prusad where he saw 1‘hm‘ “H36 body af Thakur Pmsad was lying on \ ‘- mz graund: 'rhér-e were injuries JrnWha n’eCk and arm and bbod was I 062mg om‘ of‘h‘. Accused Dakhal opnfessed before aH’rhe persans fha’r 1 he has commifzred murder of his fa her wifh a sword aha‘ hebroughf ‘rhe sword. On This informafion, the .H.O. Police-Siatien registered ‘rhe FIR. Ex.-P/2, ief‘r for fhe’scene f occurrencefaf‘ier giving nafice Ta fhe Panchas, prepared Panchanam (Ex.-P/5) of fhe dead body. The ‘ sward, weapon. of o'ffencegwhich as produced by. fhe accuSed at The, V Time of iodging iihe repar‘i, was aken info passession‘ underEXwP/3. > From The piace of occurrence pla soil and blood stained soil as we“ as ri (beggars bedding) stained ‘wi‘rh under Ex.—P/6. The dead body of Thakur Prasad was sen-r for posfm rfem examina'rion f0 The Government Hospn‘al Bisnrampur where Dr D Dwwedi conduc+ed ihe postmortem and prepared posfmom‘em reporf x -P/1O The docior on fhe reques‘i of i km :VMwcv’ l\ i one Sari siained wi’rhébiood, one blood were Taken imo possessi The 5H 0 Jai Nagar gave # Ex —P/11 Thai The mJuries which were found on The body of he deceased could be caUaed by The ' Wow d o w' ' n £ XI—HC-22 Sword m queshon The biood sfamed ar‘hcies were <en+ for examina‘hon FO ! fhe ForenSIc SCIence Labom‘rory Ralpur fram where reporf Ex —P/12 Affer compié+ion of The inves?!ga‘hcm S H O SJbmn‘wd a charge heeT m fhe Court of Judxcml Magisfra're 15* Ciass SuraJpur who m furn was received t i \ _: A .commlffed fhe case f0 The Sessuons Judge Suryy‘u fram where learned Addlfmnal Sessions Judge receweé The case on Transfer for Trial The prosecu‘han m order 1‘0 Jwqve 1112 charge agains’f The accused examined 10 wifnesses.’ The smmmem‘ sf fhe accused was recorded uhder Secfion 313 of fhe Cr.P.C. by i’he learned Addh‘ional Sessions Judge in which he denied ihe prosecul'ion‘evidehce and sfaied 'fhaf‘he is innocent ‘lhe police was no? able 'l’c iden'lify lhe correcf acwsed and he has been falsely implicared in The crime. Learned Addi‘rional Sessions Judge affer hearing 'lhe argumenf of ilddifional Public’ Prosecu‘mr and :ounsel for ihe accused passed The impugned judgmem‘ convicTing and senfencing The accused as men‘l'ioned ' in para-1 of This juddmen‘h ‘ Learned counsel or fhe accused/appellanf didnol’ disou’redhe i facf of homimdal nafure of deafh of Thakur Prasad.. Ahar? from Thai, PW~8 Dr. D.K. Dwivedi in his evidence hassfafed Tha'l' he found‘i'injuries on The body of 'i‘hakur Prasa'‘d, “The cause of death was shock as a resulfl we are?) X2 I-HC-2 o‘f haemor'rhage andfhe deafh'wc‘s homicidal in nm‘ure. Repar? is Ex.— ‘ P/10. PW-Z gudhmm émd ?W‘1O g dccused made ‘ex‘rm judiciaL cor murdered his fa'fhzr by affackin: és‘hbiished fha’r The deafh 0f Thqk As far as invoivemen‘r of fhe accused/appelian‘r is concerned, ’ There is no dime? er ocuiai‘ evideince in fhis. ma‘h‘er. The whole case resTs an ‘rhe Circumsfan'hai ewdemce Ie exim Judicml confession made 7 by ‘Hqe accused and *he recavery Budhmm who- is ‘i‘he wiiage Kofwar him in The mar'ning and‘infermed faiher‘. On his enquiry, The accu murder, of his faiher by m‘i'acking to why'he has. commi’Hed murder ome af‘fer consuming liquor. On i meat 9W3 $bodhna‘rh Ram. PW Moharmaniya have fumed hlos‘riie he fad" +0 'rhe exiem‘ fha’r m fh‘ consuming iiquor quarreied WIThL fa‘i‘her Droughf mem‘ and asked cooked The meat PW—IO Pancham Panchum Das have sated- “rhq‘? The‘ Ifessi‘an before 14mm fha’r’ he had ‘ 3 WHh "H18 sword. Therefore, if is ur Pmsad Was homiciddi in na’mre. of fhe blond sfained sword. PW- . ha5 shied iha'r The accused came 1'0 "hm“ he has commif‘ied murder of his aed discloSed ”rha’r he has cdmmiifed wHh a eword On fur’iher enquiry as rie as sfa‘ied fhaT his fm‘her used fa 1sking by him,he refused To give him Phooisai, PW-5 Daemei Bai and PW—7 PW 7’ Moharmaniya has carrobom'i'ed famefui nigh'r his faiher came affer, hia‘rher and beefen he$ mc‘i‘her Her W11) cook The same on which side Des has corroborm‘ed ‘rhe evidence of WWW: c — f h XLHC—22 scene 6f occurrence where fhe ac before "rhem regarding the c‘ommi i sword. § w? wifnesses, i'r appears fha'i fhe accused 3 made exfm judicial canfe$sion voh ‘ A t l ‘ From The evidence of These u m‘i’ar'ily‘and immedia‘ieiy. Noihing has I beén elicifed‘in The cross-examinc fion of These wi'i'nesse‘s which makes ‘ fhe evidence of ‘H'Iese wim'esses ur WiTnesseg are independem‘ wi‘h’eess1 wifnesses To implipafe 1he accuse! confession made by fhe acéus‘ corroborm‘ed by 1'he fac? Thcr? affacked his faiher Thakur ?ras 5.H.0. a? “the fime of iodging The was shined wi‘fh/ biood. The F.5‘L‘ shined 'wi‘rh bisod. ’ The ex‘rra 'supporfed by “rhe‘ map Ex.—P/1 whici which iT has been shown fhaf wher and biood was present PW:8 Dr. E in ques‘i'ion was sen'i‘ 1‘0 him fer his f0 fhe effect fhaf fhe injuries v inioéfeé é PW‘Z and sfm‘ed iha'r on informa'rion by Budhram he also wen? ‘io 'rhe cused made exfm judicial 'bonfession gsion of murder of his fafher wifh a ireliabie or unfrusfworfhy. Bofh ‘ihese as. There was no reason before “ihese :i in o false case. The exfra judiciai ad before fhese wi‘rhesses efands fhe sword wi‘ih which 1he accused 1d was produced by him before fhe reporf of The police sim‘ion and same repor'i also shows Thai 'l'he'swor‘d was judicial confession fur‘iher sfands 1 was prepared by The Pa’rwari PW-l in' e fhe body of Thakur Prasacl was lying i.K. Dwivecli has sfaie’d +ha1’ The sword opinion and hegave opinion Ex.-P/11—£ Ihich were foundon The body of The _; daceased could be caused. by fhevsvemrd in ques?ion‘ Therefm‘e, in idem; of The above circumsfanfia¥ eviden’ce, ex'fm judicial confession made by J The accused before PW¥2 andPW-ii) s‘mndé cbrrobomied[ In View of The abave, we are of‘ihe censigiered opiniori film“ fhere ‘is‘m iiieg‘aliiy or infirmify in The judgmenf of fhe friai Cour’r, same is f: based oh ihe ie’gal ciinching evifience, Therefore, ihere is no reason ii ‘ o be$ore us +0 inferfehe with +he fii ding of The irioi Couri. In ihe‘r-esui'r, ’rhe appeo‘i has no’ mehii‘, some, beingdevoid of mar-if, is liable +0 be diemissed cmc if is hereby dismissed. Ea Barve Sdl- // L.C.BHADoo . if sw— smA‘f Judge DmENDBAW Judge