CF000005940 ~ ../ Name m Reslasnceg‘w»ww 25 ent enceci to ‘W "gm—{W QAW W m ,Wn£2;.,;-.,12;:i3:-v- under S~ctlov 3wlw3£if f’GbxLQéfX Qgt w“ S r Na é‘! I [93 Fat h er' s Name §R"§” ‘S It ls Lxplgln d to tH/pnsmaer that 1f he sLdtes or W1 shes tc be r‘prsy gntvd by c1 legal prdctltlvnyr thn appellate CLurI. will nut prkcud w1th tne bass for seven days unless the Lgal practltumer dpgedrs. I£ the lgdl practlblvner does nut appear mth the sevm ddys he may 13:. heard at all 1f the prlsenar vwtes that the &uea nct W1sh tc be rspr s m: Ad by 1egd1 practlener the (hurt mdy prucecd at tnc' w1th tha case and W111 nvt ht cbll¢td LC 41v: d hearlng to any lrcal proct..- linens: who shpuld appear. l. Date cf: dppli’cation fcr copy of Judgement z Nc~ 2, Date of which copy received :... Kl! [‘9 eqg’k 162 [wo 4. Whether the pr‘isenar wished to be t/‘ rspresented or nct Yes/)‘E/ NC 2g; Name $ir% %ar §R% Continu ad in ~ {m& Jan ‘ gggkakpwngégtgw o. 166 }La ~d “lilEi c7$ Fcrward d to the CHIEF JUDICIAL AWISTRAT E T W‘W t gether vuth d copy o£ Judgemcnt or /rd(,r pas=ed 1n Lhs case 3. Bats on which Appelisent :- for Lavour o£ transmlbsy‘n to th- pro or Aopllate court ” @laaW? aéymstt / w‘” ru‘gml; ‘Ll’ H‘ J" f ) l Dae of rocalpt :Ln C J M‘s OLflcy. t Date of rbcapt oft “cord of acc mpdny. Memo @E Appeal o£ the Appelliate Court‘ Nii‘h'w ' 4/1] H ) Datea U ”F “7 ”L‘f orrwarded to the “a, £Mrg2umx 31MXM «MM I) i0 0L5” ‘C. J. Magi st rat e x Dc‘‘nte of rt‘coipt of Appelliate Court. 7 ‘ / aPPkAL OF PRIseNER W \ . w g N ’ u XI-HC-22 wm§f€€tm §KWW ‘3 Indian Penal Code, s€nmnced thlém to undergo imprisonnmnt for lif€. 3. . " < The case of the prost 1993, at about 8 P.M., P‘WwS, J On hean'ng The sound 0i: quarre] saw that, at some distance, somt he went there and Saw that, 1 Kunjami Hum were attacking ground. He asked the accused } both of them ran away. There wa blood was oozing out of'the‘ injur‘ Ediya was not able to get up informed the father of Ediva nan his younger brother Dora came to that Ediya has already died and house.” In the morning, a Panchz an F.I.R., EXP—4 was lodged in lntimatLon, EXP-5 was recorded. \ \ewwig / , i . cution, in brief, is that; on 25—9— oga was taking rest after dinner. ., he came out of the house and i persons were beating a person, he accused Kunjami Deva ahd' Ediya. Ediya‘was lying on‘the )e'rsons not to assault,‘ on which s injury on the head of Ediya and y'; He tried to get up Ediya, but and he died. On which, Joga lely Pandu, on which Pandu and the scene of occurrence and saw took the body of Ediya to their lyat was convened and thereafter . Police Station, Knandul. Merg B.S.Neta1n‘, the Station House > [View XI—HC-22 Oificer, Police Station Kirandul took up the investigation. After giving notice to the Panchas Panchnama of the dead body un‘ bodyIWas sent for post mortem ex Centre, Kirandul under Ex.Pn6. ' taken into possession. Post morte m was conducted‘by P.W.-6, Dr. A.K.Singh, who, after conducting t‘he post mortem, prepared a post mortem report, EXP-17, After C( impletion of the investigation, a charge-sheet was ‘filed' agajnsi the acctised/appellan’ts for r commission of the odence punish: ible under Section 302 read with Section 34 of the Indian Penal Code in The Court. of Judicial Magistrate First Class, Dantewad a, who, in turn, committed‘the ’case ’to the Sessions Judge, Jagdalpur, wherefrom learned Ist Additional Sessions Judge ireceive( l the case on transfer for trial. under (EXP—1, he prepared 'a 161” EXP-2. On 27-9—1993, the amjnatjon to the Pximaiy Health Clothes of the deceased were order to prove the charge, 4. The prosecution, inl messes, Statements of . the examined as many as 6 Wi accused] appellants were record in 2v~.\ ed by the learned Additional I®éfi§§ XI—HC-22 Sessions Judge, m Whfc‘h they dt‘mied the prosecution evid€ncé and , stated that they have been falsel: '5. arguments of learned counsel f( )r both the paities, convicted and sentenced V the accused] appellax judgment. 6. the accused/appellants and 1V r. G.K_.Be1iwal, Deputy Advocate ’ General for the respondentf Stat w. We have heaid Mrs. Kiran Jain, learned cbunsel for r L Ll nature of the death of Ediva has not been disputed by learned counsel for the accused/ appellants. Apaxt from that, from the o'eulal and the medical evidence of PM the post; mortem on the hody o f Ediya and has stated that, there head, out of them, one was on the was two cut Wounds behind the right side of the head above the t [ t 7. The fact of homicid: x ear, brain material was coming out J implicated in the crime. Sessions Judge, after hearing the I Lealned Additional .ts as mentioned in para 2 of this evidence oi P.W.—3, Madkami Joga .-6, Dr. A.’K.Singh, Who conducted [113%W XI-HC-22 ' mm wm Tamo Soma and PLWaQi Madvi Pandu, the father of the decease achief, have stated that, in the Panchayat, the accused] appellants ’~hai:1 made extra judicial confessi‘ that the accused/appellants h; sslexamina'tion, they have stated 11 thelr presence therefore thelr ev1de11ce ls of no use P W 3 thadkamx Joga ls the eve w1tness who has stated that, on the fate. When-the accused/ appellants vve ’Qf his house and éaw that the a murde‘rof Ediya, but 1n their cro 3n» that'they have committed the 1d not made anV extra judicial vconfessmn before the Panchavat of the cut Wound of the head, Whhh was oli account of the fracture of skull and the injuries were honicidai in natuie, and his report is ExlP— 17, it‘is estabhshed that, th nature. ~ t: death of Ediya was homicidal in 8, ‘ So far as the ’questioh of involvenient .of the accused/appellants in committing the -murder of Ediya is concerned, even though P;W.;1, 1 Ediya, in their'examjnation-in— ul day, he was at his residence. re attacking Ediya, he Came out :cused Hurra was having an axe and the accused Deva was having a wooden club and they ’Were [1131} W V XI—HC—22 attacking Ediya, as a result of x Vhich, he 'fell down on the earth, On swing him, the accused/ap pellants ran away. The head of Ediya was burst and blood was Cbming out of it and he had diod. ‘ the accused/appellants argued 9. Lemod coullsel f0] that, in the cross—examination, 1 that, there was nobodv at the see is established that, this Witness least the accused] appellants attz net {ind any force in this argu ment. On examining the whole that, in. examination—in—chief, he ‘ evidence of this witness, we find has clearly stated that, he witnq‘ accused Hurra was carrying 'ah carrying a wooden club. Incrbs that, he saw Ediya while falling ' the father of Ediva that‘the accu sed persons Deva and Hurra have murdered his son. From perusa l of the evidence of this witness, it v not see anybody at the place of t seems that, the words, “he did occurrence”, refer to any other pt :rson witnessing the crime. Ther I % 3.W.—3, 'Madkami Joga‘ has stated ne of occurrence, and from this, it has not witnessed the crime, at Lcking the deceased Ediya, ’ We do *ssed the crime and saw that the axe and, the accused Deva was s—examination also, he has stated on the ground, and he informed e XI—HC-22 ié nothing in the cross—examin ationthat, this witness was on inimical'relation with the aécus ed/ appellants or he‘ has deposed against them just to implicate ‘em in a false case; In fact, from pems’al of'the Whole evidence of w :his witness, it’is established that, hcwitnessed the crime. The avic" from the facts that, the axe : inStance of’the accused/\appell; ence Act i.e. EXP—9 and EX.P— 10, them under Section 27 of the EV' and that, the club and axe we re recovered under EXP-11 and wEZXP—lZ respectively at the insta nce of the accused persons. The recovery of the weapons further evidence of this witness and the stand cemoborated bV the evide1 1ce of P.W.—6, Dr, A.K.Sin‘gh, who has stated that, there were inc ised wounds on the head of the deceased and brain maten'al VK as coming out of that and the and blunt object. P.W.-6‘, Dr. injurtes were caused by ’haid ' A.K.Singh has fulther stated the t, on the request of the Police, he examined the club and opined t' lat the injuries which were found 'on the dead body could be cans .ed bv the same club. Therefore, .enee of this witness fmds support and, club were recovered at the mts under memofanda given by ' I [111% éfea