:^ tt^l?J3' v? J.B^ te^S IBSi.B IttS^ Sji& ?ZJ<7Z£ JjJb ^ltB^E I.lViffi ViSl^h fcfilt U&^ feate ftS^Jfcffi jo^otrj jiUAte lia&j^ ^J-ti§4.s-J-l'-t.'i'-2^^'-UI-Lh 4-teK ' .SlfclBAlJb -j^J fc|,'te 9£ !it -6£ ItSpk ^teH Jgfe@lit ^iOJl ^fi^ 4^Jtt ? ^ tefej ^-^-y"E oooz/ ^ 5^>r - ft-tt^ B-U'ffi 1 ^ ' lt»J.t'dtesf USA b-itt ? IStefi ^ •^"^, ^ \^N' ^^ •/* .^ - l\r>' (S) ,SZ9f300000dO 7--22 'S^^fPWKW, diti^l'D, facliyy ^ l^'006 -'--t<c^' sn^r^i TyTI^SIB^ snliqi'gft^I 3I^¥I'?RI1W(lf?tI 'EffFfeqt^'qFRTI'?'f^st tf^n?TC ^ .Bpgii 3iit?( &IVISION B6NCM:- HON'BLE^ SHRZ!..(L_SHADQ&^ND HON'BLESHRI^HWEN&R^ MISHRA. JJ. 24-1-2006 Smt, Kircn Jcin, counse! Shri U.N.S. &eo, ^ishrri^ P^isl Lawyer for th^ Totlav t+ie mattep No.3082/2001, CipplScaDon foi bai!. Learned counsei for th. msy be heard finally ss ths sj for the oppellant. Public Prosecutor with Shri Akhil kt£sts/res&onder1t. iisted for hearing on M.(Cr.)P. suspensiori of sentence and grcmt of utas which learned Additionai Pubii<] Tnerefore, the matter ••] i^ appellant submitted that the matfer s^ccused is in custody since 27-10-99 to Prosecutor has no objaction. liias heard finaliy. PES L.C, BHA&OO^J, By this Oippeai under Section 374 (2) of the Cr.P.C. the accused/appeiiant has questi^ned •rfie legah'iY of -Hie judgmentof eonviction ond or-der of sen^-ence dcted 12-7-2000 passed by 2 AddiTionct sessions Judge, J sgdalpur ir. S.T. No.58/2000 whereby learned Additional Sessijsns Judge cfter hotding the aecused/dippellant guiity for ^ommission ef murder of her husband r'.an'ely Mad'/i Sukko, convicl^d her under Section 302 of +he l.P.C. [Tit^tR34 's^ •-iiwiw-{, w-^w.i^, (sj<»ijy4< -^ 'bi<il?i<ih "i-iirfi "s ra^ aAa <sind sentenced to unciergo impr^onment foc iife and pay o fins of Rs.500/'-. in default of paymentjof fine to furtiier- undei^o R.I. for ons ysar* i Ttia case of the proseeu^ion, in brief, is that in the night of 24-10-99 when deceased Mcdvi pukko was sieeping in his house, the accused/appellant attacked him wi"Hi •the r-ammec on his head, as a reajit of which he received 3 itijuries, parie+<tl and mandible bones were fractured and he dfed spo^ta"eously. In the •".orning when his bro'Mier Atadvi Jstli (PW-2) w^lt to the house of Madvi Sukko ct about 6 a.m., 5ukl<o was !yjno d^id m his house. There was injury on his head and his wife Baisi was liot at liie residenee, Thereo.fter. he went to the house of his uncie.l-akhmo and informec! him about the incidsnt. Whsn he, 5amo snd Su^de" were going to inform ?he viiiage Kotwar Bhadaru, Kcridaki of viti^e Kavadoaon met thsw sr; the way and informed that in The mor^ing Baisi came To 1+ieir viliage <3nd infofmed thnt in +hs night she |ias murdsred Madvi Sukko with the nimmer. Tne matter was repdr+ed by AAaavi Jetii to the poiice statioa Kodenar. On rscsivin^ the report, S.H.O. po!ics sTation registered the F.I.R. Ex.-P/3, l^ft for the scene of occurrence and prepared PonchiMiamQ Ex,-P/4o| the dead body of the deceased.The CTPiU—FSi"8 ptain soil and btood stained soil ^ers taken into possession under Ex.- P/5 frem tha pioc® cf QTCuetdace—OneuiQoden rammer was fllso G80(—50,000._ ^—-"""r *-°i «yi<#ri^,.' af •awas'SSBnni' wamnftgaafe'i -3 :<iiwha"?fi'^iB^'9%^'A*^U fsw—yiisw. tsken into possession under Ex^P/6. The clo-Aes menticned in Cx.- P/7 were aiso taten into posse^ion. The site pi'an Ex.-P/9 was aisi? prepared. The dead body of •th^ deceassd was ssnt to •tf'e Primary Heaith Centne, Kiispai where Oi|. A^.C. Loinge (PW-1) consiucted rtie posl'mortem on the dead body |of the deceased cnd prepored the reportEx.-P/l. | Af-ter compietion of the !'|)vestigation, charge sheet was fited asai'nst the accused in The CQuj-t of Judicia! Maqjstrste, 1 Cicss, i Ja9dalpurl who ln tur<" committ^d the cose to 1+i® Sessions Jud®, Jagdaipur from where tenmed |^c!ditiona! Sessfons Judge received •Ae ease on transfer for trjai. I Tne prosecution in order Jto estabi'sh the charge against 1+ie accused examiRed 6 wiTnesses. IThe sTatement of the accused wss recorded under Section 313 ofjthe CrP.C. in which she denied the prosecution evidence appearing |against her and stated that dne is innocent and has been falsely im(|ticated in the crime. Learned Aaditional Sessio|rs Judge after hearing arguments of ^ddiTicnal Public Prosscutor an<| counsei for •fhs accused, corivicTed and sentenced the accuseet as me|itioned in para-1 of thid judgmen+. VVe hwe heard ieorned eolinsei for ttie parties. '^ The homscidci nature o-<| death of Madvi Sukko is not in -dt^ate:—- n: Ys'' d-tt) 'BjWiyl^,. tS-dlw.lg', faffl^y? -5Af> •^ E^t ^ ^^ 7l'^^R As far ss involvement oj- the accuseci/oippellcnt in commiti'in9 mwder of her husband Madvi $ukko is concerned, ledmed triai Court has based the conviction on |+ie svidence of PW-5 nameiy M.adyi Koso/ son of Itie accused oi^d deeeosed. We have perused the evidence of AAodvi Koso who hc^ turned hostiie. From his evidenee, it is evident that In the fateful tjight he waa not at his reaidenee. 'Thia 3 wmess has been decfared h^stiie. On cross-examination by the Additiona! Pubiic Prosecutor, fee hss s'ta+ed inat hi's mo'rt'er Baisi made extra judicial confesaw^ hefore him that she has committeei murder of her husband fViadvi ^ukko as he was regularty beatiriu her cind used to quarre! witii herj In the fateful night they eonsumed liquor, whiie Madvi Sukko wa^ sieeping, she attacked him wi-rii the ramms" on his hsad. This •^'rtnsss again on cross-examination by counsei for the sccussd has sfrated that his mc-rtser did not disciose to hiw that she had att-acked his father. Whatever he stated in the croSs-examina+ion by ths At^litionai Pubiic Prosecutor, he rssiies fr-om that while c!'oss-exdn'iin|ig by the defence counsei, •riiei^fors, no re.'.'sancs con be plncsd cn i^is svidence for cenvicting •ths accused in ccnnection with the murder |>f her husbaind. Leomed Additionai Puyie Proseeutor whiie referring to the eyidence of PW-3 Beko KOSG |srgued that from the evidsnce of this 'jSPKi—fse- nP B ~5^l. •^WIvi^, ViiS\V , 'f^IRTy ;i'T.'?;T '3't' 's^ssis ?^'N ^s?r 311^1'S^iIWHl^T c>~ his atlbcted witness, it is established eonfession before him. But the evidencs of 8sl wortii reiiance becau^e he PW-3 8eko Kosa hos StcTed anci she sta+ec! that she PW-2 AAadvi Jetli in para-2| Baisi did Rot attend the Thsreafter, T+ie matter was| :ven PW-3 Beko Koss on crsfes para-6 has stated thdit it is before him that she attackid disclossd before the Panc!h< stated that Baisi did not Kosa has made itnprovemen|t recorded undsr Section 1611 him on the wav and ther^ ^hat the accused mad® extra judiciai crsss-exammi murdersd her husbond, theii be plcced. In view of the aboyel the prosecution hns accused/appeliant with ths q>F]i?Nh tipRif'? •fe^ "rf^re?R ^T 3lf:(W 311^1 sko Kosa is also not sterling worth and also taken somersault in hie evidence. tthct Baisi wss brought in the Ponchayat Sukko with the ratnmer whereas, of his evidence has stated 1nat Madyi 1 P&ichayst aid shs remained absent. reported to the poiice station Kodena". ^s-^xammation by the defence eounsei in sorrect to say l+xat Baisi haa not stated the deceased and murdered him- She icyat wherecs, PW-2 Madvi Jatii has the Pwchavct. Even PW-3 Beko before the Court, in the statement lof the Cr-P.C. he stated that Baisi met she stated -riiQT in the niqht she had tefors, on such svidencs no reliancs cor, s+tend we are of the considered opinion 't+icst ^itterfy faited in connecting the murder- of her husband AAadvi Sukko. [T^^g^ XI-HC-22 TS[ ^i|t|ic)t|, ^Tfl'y'lii, r»«lii.uy tfitiefr 5KW% SII^I^iT (<-fl<* OT^F sti^h-f ^if??! Barye ^^^^ ^ J.f '/'^ ' ^ sn^i^gTWHi??! -^. Therefor^, findin9 of th^ aeeused/appeilanT based on t|ie evidence of PW-5 cannot be sustained. In the resuit, the appeal accused/qipeiicn'i- is acquitted o| the I.P.C., therefore, the eonvl M.(Cr.)P. No.3082/2001, ^stand disposed of accordinaiy. Sd/- L.C.BHADOO Judge ^l^^^'l T]TR?tf ^ 'fe1^ <Fi|^l< ^'srfSgHsn^r trici Court eonvjcting the succeeds and same is allowed. The f the chcrqe under Section 302 of ction and sentence awarded under Section 302 of the I.P.C. are s^t aside. The accused/oiptieliant be set attiberty forthwith, ifnot rejquired in any other ccse. tC.A. Nos.1636/2001 and 183/2006 [^^fe^