3am, WIN—qt, W7 mm a1 200 L nu... ”n... . u u / XI-HC—22 mm, mg, W mm mm .... 200 In o . .m..n ..... ........ ..... man mm mm WW§WW aamm Additional SassioxlS Judga (CG) m Sasssionsa Trial Additional S€ssion3 Judge dtsr holding the accused/appéllants guilty for commiSsion of the Link (301111; Pendra Road, Bilaspur th6 163111€d \Io, 207 / 2000 whm‘sbv )dence under Section 302, 201/34 of tha IPC, smitEnCCd each of 1l16m to undsrgo implisonmen‘t for lifa 311d pay a {1116 of Rs.1,000’—, in default of 13aym€nt of film to fuxther underga 5am months R,I., to undergo RI. for oevon yoai‘s 311d pay a {mo of RS.1,GCO’—, in clafaul‘t of payment of film to furthor undai‘go RI. for Six months. 2. Caso of the prooeoution On that Maliasingh and Moiilal along Clocoassd) had goao to tho. fon collooting some wood, they taking root, on which clecoas aokod them to collect wood. Motilal, on which accused Mo with axo on his hood. T attaokoii him with axo on hi down 9on1 sic ‘ted Wiithmg in ' to the injurios. Thoroaftor, 1. the dead body of Baljeer Singil by puttjhg it on the wood collected by them, thereafter they returned to-their house. When the family membere enquired from them 011% W) of Holv fos rival. is; that 19"11 March 2000 was the (lav lay tho aocuood/appellailtS namely with thoir nook: Baljoor Smgh (since St of Dhobghat to collect wood. After bocame tired, thereforo, thoy wcro ed Baljeor Siogl‘ ocoldecl them 311d Thoroaftor, ho Slapped accused ti al attacliod his uncle‘Baljoor Sillgh 1ereafter, acouoetl Mahaoingh also 3 head, as, a result of which he foil gain. After some time ho succumbed 0th the accused pemons sot on fire about Baljeer, they replied that their XI—HC-224 mm Hi zoo o .u...“.uuwnunuuun mm md’h WWW WW§WW %3I%n3n%¥r uncLs has gone to his i11—1aw4is’ 11ou$e at villaga Jamdi. Wh€n Balj€er Silagh did not mmrn f few days, a Search waS madé: and Palmhayat was convaled. 11 the Panchayat 011 gnquiiy the accu$$d parSorls mada Extraju icial confassion that when daceaSsrl Baljair Singh slappmi Motilal, Motilal attackad him with axe on his head a11d + iéreafter Mahas .Lgh also attackuid him wifh 8X6 011 his: head, as rrrzsult of which B 11j€er Singh £11661, themafmr he was Sm on iirs. The mai‘ier wa$ 1'6; orig-wd i11 the Police Station Goureih .by PW—l Bandhm’am, on Whi First Information Raport (EXPf 1) wa‘s rogistcrod. Dum'ng invigation accusodi Mallasmgh gave momoralldum EX.P/ 2, porsuai t to which an axe was oeized under EXP/5 and accused Mofilal g 6 memoraudum EXP/3, pm‘suayt ‘io which another axe wao seizs d under EXP/4. Tho hivesiigatmg officer roachati i‘ho place whom tho daad body of Baljoer Singh was: burnt and seizod the human nes and ash, which wow 3611£ to tho sxports for meciica} oxam' ration. Tho samo W€rs thm‘aafisr gem to Medicologal Ina‘titute, ovomment of Madhya Pradwh ; Home (Police) Dopaltmont andhi Moclioal Collogo Building Bhopal, from whore report (Ex. / 17) Wat; receivad in which it was opiood that boneo am of human in omgm aod sox is male. 8. Aftor itlveatigafion charge shoot was filoclagaiiliat the accused pclé‘ons in tho Court of Judic‘al Magistrate Firot ClaSs, Pcndra Road who in turn committed tho casc to the ScSSions Judg‘c, 011% W) c at V a : o XI—HC-22 3am, whim,W mm ‘ ....uu.n.......... 200 ...........u... n.............. n.............u.......... o mm mm WW WWW WW§wmk aamsm‘m BilaSpur from whera 1ea111€d 4‘ Road raceivad thi: case on tram 4‘. - PrOSacutian mammal 1< establish ihe Charge against t1} the accusal p61‘520ns WEN: r6 CLPC. 1'11 which they d€nied t1 than in‘the prmmcution €Vid6m and haws basn falSEEy implicata 5. LEarneéi Additional SaSsi‘ 6. ' WE haw: heard M1".R.K.Sl of tha accused/appallan‘t 831d Stam] TSSpondsiu, 7. M1", Shanna, submittod that in this case there is no ocular or direct €Vidence. and the Whol 1 Additional Sassions Judgg P€ndra W61“ for trial. } witll€sss$ at ”(116 trial iii ordér ’tO Ae accu$ad perSons. Statsments: of :01‘d6d under Section 313 of the L6 circumstancm appsaxing agajgst ‘E'. and sfa‘tad that thoy are inlloceni 1 in tho crime 1'11 queation. ms Judgr: aftgr healing counsal for the. rospoctive pajtios, convivtod and samencod each of 1116 accused porsons as afors mau’rimod. Lanna, counsol appoamhg 011 bohalf Mr; Ashish Shukla, GA. for ‘fho i casci rests on the extrajudicial coafassion allogsd to haw: hem: mado by the accusedfappollants bsfore Vim Pa11chavat, has not boon provedi by tho. prosecution, 111e1efore, convicu'oin of the accused; appellants on the basis‘of such oxtrajudicial confr: ssion calnlot be sustajmed. waiCh (do W) y 11. The: prowcution has trim} to esi‘abli3h tho mime &gaj11Si the accusad pawns. based on tho bxo‘ajudicial confwsion which has boon made by them bofore tho Hallchayat. In ibis case oxcopt PW— 1 1 Mallgal, all The witnesssS h turnod hostfxs alld tho}; have no: supptortod the prosecution cae 111 order to rest conviction based on the extrajudicial confemion the prosaeeution must establish that the extrajuétieial confession m cle bf; the accusett persotn was; voiuntary gold tt'ue‘ If we scrut‘ ize the eVidenee of PW—l 1 Mallgal, we fmd that this witnese 1'11 h e exammation—in—chief has mated that Panchayat was convened. t the residence of Patel, accused persons were present there, Pa e1 dict not ask aoything from the accused persons in his presen , only Sarpanoh Kalimm enquired from the accused persons, on which they said that they have committed the murder of their u 1c1e by assaulting with axe. Both the. accused persons also said t tat they have burnt the dead body near Dhobghat culvert in the fo st. But in the crossexammation he has stated that the Villagers were scaled of Kotwar, Sarpanch and‘Patel and Whatever is sad by them, is accepted by the villagers. 'Sarpanch asked th accused persons that you have committed murder of your uncle on which both of them nodded in (do W) a e e a o . r = e Xl—HC-22 3amm, m,W amtm m W mm...nu..n”nunum 200 mm. mm mmm ‘ m‘eiwm mafia . % 31%: anéw axialanatiml of any 011161" hypothesis thall mat 0f the guilt of thra accuémd and Such Evidsnca should not only b6 cmmistsnt with t 1r: guilt. of tho accused but should be inconsiStEnt with his mnocollce. ,,J XI-HC—22 . mm,m,%amg{ mm mm..u......uun.unm 200 .......u.......................m......-...................... v XI-HC-22 33:11am,m, W‘ mm mm..n.nuuun. W 200 o “nu...“uun... nu...” mmmm R "W Inergfore; W6 am of 111E: cgnsirim'ad opinion that ih€ above evidszlce '5fy the rsquirammK of lax? tha’i th€ accuged pm‘son s 3f PW‘il Mangal Ewes not sati (iXirajudicial conf€S3ion wag voluntarily Emil huly. 18. As far a$ reco'v‘my of hum concansd, 1301163 and aSh haw: beam 1~c~2c0vm€d from m1 013611 placs 311d 1116 pmSEcution witn€ rCCQVEmT T116 accusmi persmm ofiicm", thamfom, haw-d 0:1 5g aCCufsEd pfimonS caixnot b6 com mrzlti b‘r‘ £116 14. F31; 11$: fm‘tigoing maSmm that $1113 prosecution has not 1 agaialSt the accuSEd/ appellants Baljem‘ Singh and concwliug tlmmSr-glvas from Kim. isgal puniS] 10. 111 the, 1‘63'u1t, ‘Lhé appeal t impxmed upan am accumd,’ appt of 11m IPC axe SEt aside, Thev z It is atamd iha‘t thay am in i themfom, T1163? be 56t at libsrty 0111 ‘ case. 1 4 Sdl‘ ‘ 1:,L.C.BHADOO g Judge , we mo of tho conSiL'iorod opinion )6611 abio to Establish tho offonco rogardmg commiossion of murals? of thc evidsucg in ordér to 3c1‘66i1 1m€nt mocoedS. Conviciion 313d Sonmnco 112mm undor Sociimm 302, 20 1/o4 Io acquittod of tho abovo Chargos, Vemn'tian sinw ,- 1 A; n «9‘31 March 2000, f01111wiih if 1W 1'11 5533'“ i ‘ Sd/— ‘ DI'mKENDRA Mlsm Judge (aw W) an bouea and aS11 fmm the fomsi’ is $65; haw statsd that at the time of “761E 11m, with The invagtigamg Ch a Woak type of ovidonco, tho Lactod with the crime in quoafioo, WW§W$w §3Wm H