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WWW DMSXun ang‘x K“ Rug: wi _ shes tc It be is mpres explained ented to by the a legal priscner practitisnsr that if. he the states wpellate or ccurt sl will practitioner not pgoceed appears. with the If. the base legal £9: seven practiticner 6ays unless does the r with the seven dsys he may he hearci at all i£ the send scates thst‘ that does net wish to be reprgs-jnt ed by ena egal win practicner ,net be obliged the‘Oourt to may give proceed a hearing at to ence eny with legal the proct-~ case : l iti‘oner whe sheuld appear. l.‘ ate cf. applic 2; Date ot which cepy received :- Date on which Appelisent :._ 4 . 1 atio-n £cr copy cf Juégement Fig k z“ Hi 9r [4 nu 95“ \r'epresented Whether the pxisener or "net Wished to be Yeswr. V 1\b._g<2L_ “Name I “Bfg _§FE 4Wt W centimed _inx%' W r 7‘ Jail i W SMQQaW bevwzé f ecélww/wx Dated Jib; n [94” ‘ , ‘ l Vl / VJUD‘ICIAL \ i Mm . 181‘ arm); ‘ IL.»Agkeg ‘ v‘ gym, *“m’ udgement 'or order paesed in the cas n to the proper pli¢1te Ccurt._ v. Superint ah H17 ‘YJL Fcrwarded ta the CHIEE t:;-gether with ii cepybof. j ic: ievcur ct trensm’iSSi‘e i3; / ‘ §@\ Date of receipt in C.J.M’s otfice. Date of “receipt c£ record o£ accompany. lliate Ccurt, Meme éE Appeal oi the Appe eéq Datea/ i elem-f Fowarded ta the H’étL 5L3)?“ C—J .. Megi ,, st 1%? L , k WA 71%: V3MalkiMJza Nii‘a‘q'w V’ _v r Da'‘te at receipt or Appelliate ecu/rt. N 1 D e - a ‘ C XI—HC—22 1. By this appeal, thrm First ClassJagdalpur, the accu questioned the legality of judgn sentence dated 4—11-1995 pas Judge, Jagdalplir in Sessions learned Additional Sessions accused/appellant guilty for co ‘ Sadion 302 of the Indian Pénal imprisonment for life. D.B. : HON’BLE SHRI LAL CHANW '19- 12-2005 ‘ Mrs. Kiran Jain, c0111 ,_ Mr Ashish Shukla A Mr Sachm Smgh Raj respondent] Stata n Heard. lsel for th6 accusnd/ appéllantV ' dditionaLPublic Pmsecutor and put Panel Lawyer for the ORAL r JL'”DGMENT igh Superintendent District Jail ’ sed/appellant Madv1 Rodda has lent of conV1ct10n and order of ied by ‘Ist Additional S€ssions Trial No.364/91, whereby the Judge, _ after holding rnmission of the offence under Code, sentenced him tonndergo the HON’BLE SHRI VIJAY KUMAR SHRIVASTAVA, J. ' the 4&13October, 1991, the accu sed Madvi Rodda came a‘nd calléd k Kunjami Hidma outuof his hou se saying ithat he has some Work with him, and when Kunjami Hidma came out, the accused Madvi Rodda attacked him with an Axe on the back ‘of his bodv, as a result of which, the Axe penetrated in the back of’Kuhjami Hidma’ and he fell aown. The matter w as reported. by Kunjami Hungaram in Police Station Kuvakonda.- The Police registered F.I.R;, EXP—1 at Crime S1.No.-75 of 91. V The Investigating Ofticer left for the scene of 'occulrence and sent the body for post mortem 'examination to Primaxy Health Centre,_ Kuvakonda, where r Dr.Hansraj Verma conducted p0st mortem on the dead body of \ Kunjami Hidma, prepared a p0 at mortem report, EXP—3, in which it is mentioned that, the cause tof death is hypovolemic haemorrhagic shock because 01' shaxp weapon injuiy homicidal in nature, and that the injury was caused byrhard and sharp object. After'completion of the investigation, a charge-sheet was filed in the Court of Judicial Magistra1e First Class, Dantewada, who, in i i t l [11%W XI-HC-22 m WI ~ Wm , mwarm ' WW $W 31Wm Wm , 2. The case’ qf tha pros ecution, in brief, is that, 911 F‘Iiday, XI~HC-22 WW1§wW €631Wm turn, committed the case -to I Wherefrom, Ist Additional Sess ons Judge, receiVed‘ the case on transfer for tn'al. 3. , v The prosecution, in theaccused, examined 6 witnesses. On the other hand, statement of the accused was recorded under Section 313' of the Code of Criminal Procedure, in whichyhe denied the prosecution evidence and stated that he isrinnocent. the Sessions Judge, Jagdalpur, order to prove the charge against 4. Learned 1st Additjo the arguments of leained coun and sentenced the accused é judgment. ’The fact of’ homic: Hidma has no‘t been disput accused] appellant. The eye—wi ()1 1a1 Sessions Judge, after hearing Eel for both the parties, convicted :s mentioned in para 1 of this, .dal nature of death of Kunjami ad by learned counsel I for the :ness P.W.-4,r Kunjami Nande, the PitaW XI—.HC-22 wife of the deceased, in her evid ance, has stated that; the accused assaulte er husballd- wit n, Axe, n ‘P..- Dr.Hnsra d h h a ad W6’ aj Verma, in hi evide, a sed that, e conducted the .p mrt n the dea body of Kjam ma and ound that the oem o d wli Hid f re as he lt e th b o ded m w a cut wound on t ef sid of e ack f cease Kunjai Hidma the size f cms‘ x 4 m. x V2.cms., an on accoun of in o 3 1/ c 5 d t h t lu pen fun nd d te injury, he ng and sle were od cut, a he die because of thesaid inur and emorrge. Therefore, Vie o jy haha in w f he ve evdence f the eyes P..-, Kunjami Nane t abo i o —witnes W4 d and t’‘edica evec of P.W., Lnsraj Vera, it is establed rheml idne —6 IDHa m ish V th d of n dma w hia t at, the eath Kujami Hi as omcidl in naure. 6 fr en f t f e . So a as the stio o involvemen o th cusd] appella n mitti te murder f ui Hidma is ace nt i comn h o Knjam cocerned, P..-' unjam ungara, the bte of the deceased has tat tat, a , the on f te deceed, cam d tht Rd as aa Hidma w and informe him a oda ssulted Kunjami ith an xe and ts tnss ent te scene of occrrenc'ad saw [Hts—digs s nce hs tat h ost n W3, Ki Hm rohr , sed h Jg u s o h as e A hi Wie w t h uen The're was injuxy on his body in that his brother was lying dEac. < :d out the Axe from the bodv of Kunjami Hidma, an& this Witt accused Madvi Rodda is brother-in—law of this Witness. ‘P.W.—4, deceased, witnessed the Crime and Kunjami Nande, the wife of the has stated that the accased as n Nothing has been elicited in witnesses to demolish the .ev ,Kuxijami Hungaram and comoborated bV the medical ev has stated that there w'as a cut Hidma and on account of wh: Therefore, the involvement of t1 is established and the hnding evidence which does not require ‘ ’the back side. The Axe was grand mother came and. pull: tuck in the bodv. Thereafter, his Less gave the report, EXP-1. The saulted her husband with an Axe. the cross-examination of these idence. The evidence of P.W.—3, D.w.—4, idence in which Dr.Hansraj' Verma injury on the back side of Kunjami .ch thespleen and lung were cut 1e accused in the crime in question of the trial Court is based \on legal any interference by this Court. 7. ‘ that, looking to the nature of e br‘ the accused/appellant argued :vidence, the offence under Section Learned counsel 1 _ . Kunjami Nande stand [113% W' XI—HC-22 L1 Code is made out against the \. 304 Part I of the Indian Penz accused/ appellant. learned Panel Lawyer Mr. Rajput, 8. \ 011 tbs other hand, appearing for the $tate, Support 3d the judgment of the trial Court. Having heard learn: :d counsel for both the parties and mess P.W.-4, Kunjami Nande and i Dr.Hansraj Verma, We are of the Icp‘inion that, there-is no me] it in the argument advanced by learned counsel forethe accused [appellant for the reason that, the lattacked the deceased on the vital manner, in which the accused part of the body that too with a flangerous Weapon like Axe, makes l the intention of the accused clwear that he attacked the deceased with an intention to commit ihurder and attacked with s‘uch a in the bodv of the deceased, as a force that even Axe Was stuck spleen'of the deceased were cut. result of which, the lung and Therefore: 9. perused the evidence of eye—wi the 'meaical evidence of P.W.—6 the trial Cour: has rightly convicted the {tilt}W XI—HC—22 accused] appallant I for commis 302 of ths Indian P€nal'Code a this V appeal, 10p 1n the res'mt,'t11e a is accoxdingiy dismissed, Sd/- i L.C.BHADOO ' " * udge v ‘ )-. lff G.Singh sion‘ of ths oEencc under Section ad W6 do nof fmd any substance in ppea1 is liable to be dismissed and / , 1W Sd/- \ Vijay Kumar Shrivastavs] ‘1, J r Judge {1: ’ msw