m 200 . Wm _. 3W m (1mm) mm% . . HIGH COURT OF CRIMINAL APPEAE IVISION BENCH HON'BLE IION’BLE PELLANT Versus RESPONDENT CHHEATTlsGARI-I BILASPUR NO. 998 OF 2001 SHRI L.C. BHADOO, & SHRI DHIRENDRA MISIIRA, JJ Lakhan, Sfo Birjhu, 'aged 50 years, Occupation Agriculture, R/o Deepadihkala, Police Station Shankargarh, District Sarguja, Ambikapur (C.G.) State of Chhattisgarh, ‘ IPresent Mr. Ratindra Mishra, MI. D.K. Gwalre, Gr.A. ORAL Through The Police Station —- Kusumi, District Sarguja, Ambikapur (C.G.) counsel for the accused] appellant. for the State} respondent. JUDGMENT une 2007) against the judgment of conviction and i passed by III Additional Sessions Trial No. 129] 2000 whereby learned holding the accused] appellant guilty under Section 302 of the Indian Penal imprisonm ent for life. ‘28‘1‘ J ‘Eer LC. Bhadoo, J ' This appeal is directed order 'of sentence dated 9. 10.2001 > i Judge, Ambikapur in Sessions Additional Sessions Judge after for commission of the offence Code, sentenced him to undergo K “Mun“ \3000, March 2000 Sunandan (smce deceased) after conSuming Hadiya (home made liquor) left for H'Jlage Devsahra to consume more Hadiya. When he reached near Balarinala, of village Devsahra at about 11.00 in the night accused Lakhan attacked him with club of Sami and #tone and thereby he committed his murder. On 2 1.3.2000 Kuh'nda Ghurbigua lodged the Merg infim ation {EXP} 13) in the police station Kusmi regarding death of ££unandan whereupon Merg No. 13f 2000 was registered. Based on that First Information Report (ExPf 18) was reg‘stered. The investigating oEcer 1&t for the scene of oecurrence and after giving notice to the Panchas, he prepared inquest (Ex.Pf 6) on the body of deceased Suniandan. Dead body of Sunandan was sent for rpostmortam examination EXP] 14-A Whare Dr. T. Sai postmortem report (Ex.Pf 14 to Primary Health Center, Kusmi under conducted postmortem and prepared the in which he opined that cause of death was coma and hemorrhage due to injuries and death was homicidal in nature. The accused While in police custody gave memorandum (EX.P;‘ 7) regarding the place Where he had thrown the weapons of odence i.e. stone and club, pursuant to which he got the stone and club seized under EX.PI8. Site plan (Ex.P[9) was prepared by Halka Patwari. Aftar completion of investigation charge sheet was died against the accused} appellant in the Court of Judicial Magistrate First Class, Ambikapur, who in turn committed the case to the Court of Sessions Judge, Ambikapur from Where learned III Additional Sessions Judge, received the case on transfer for trial. XI-H€—78 WWW ammm mm ants mwawm twinned?! 2. Case of the prosecution, in brief: is that in the evening of 20th " XI-H€—78 35a W, Wm, W; <3 Wm F1 200 W‘W (Wig) against the accus’ed/appe t connecting him with the crime in \V ; ‘ ‘ XI-H€—78 WW, §€ H1 3‘, W‘ @ WWW W m WWW?“ mmiwm %3ii%memé$r 7. In the the accused] appellant under Sec1 thereon, are set aside and he detention since 23rd March 20 3 months, therefore, he is dir required in any other case. Sdl- ‘ L.C. BHADOO "” Judge r \ rii\o_¢~ y question. In fact, the prosecution witnesses PW—l Vidur and PW—2 Sonsai before Whom the accused is said to have made extrajudicial confession, have turned hostile and they have not supported the - prosecution case. Therefore, the accused} appellant 11nd: / sustained. result. for the foregoing reasons, conviction of r Section 302 of the IPC cannot be appeal succeeds. Conviction of ion 302 of the IPC and sentence imposed Ls acquitted of the above charge. ‘He is in 00, thereby he is in jail for about 7 years acted to be set at libertv forthwith. if not / sw— / Dhirendra Mishra Judge ’ " mm in 200 mm (W) / /