XI1§189/(Jai1) ’ F 9*“i’f’” CkQ \5‘V H ) jQ ‘ ‘ If _c."J.P.R.11/94/‘2,ooo 5 CF000006O4'771W V i7 (I ‘ r 7’ I I L APPEAL ,OFV PRHSON E%sion Bench (Jimmalfa‘ F Father’s N0795QWF§l name wWWJ®W§V&W_W Name%m.w‘ V ‘ _ &‘,;nte11ced r to_.-%WL&€F\_ V q‘ \ \.$\:.§‘\ ‘ Age 3yc§§t -.‘.....‘... ......... , UQiier section f§§ka WQQ‘ mym“ “ K\.V ..... I On...,........3.‘...’. . 9’5 . q Q i . w. ' Residence ,,... Date of Application for copy of Judgemeht Damon Which copyreceived’..'..-1..§L\3\%£... I V Dzi‘te on’whicrh Appeal sent \§\§Q .. No.... ES-g‘i($’ e \ A # - YéEr/ V No \' ‘4 the/ risoner wishes to be represented or Noe§ Con. ned I in ....‘..../..L‘mw.-Dated‘..;5.../.&./ @%&.dg.y~ Jail Name qwakayj .. . 199.¢......._......7 .ii _........;... {rckwmQmww mission togather , l 7 to which the proper a copy A _ of ’ /i judgement ’ or order passed m in the egmm case weém-émx for favo i \efoi 3 “\i; N s w ppellate Court. ur i of >trans- Date of receipt’in... Date of receipt'record to accompany the Memo of Appeal to the‘Appellale court No f) Forwarded tolthe gag béisfri’a h ate. of receipt ‘ in V Appellate t Court ’ ‘ a ; r JA§AEW§... r . r ' l i a l ‘u .x Qw i f D i2 r XI—HC—22 WW,W@W gnaw m 9v A: MM/ mm XLHC-22 ' mm Q), 1d Ni; {9?y4?é I mm: f.................. ...... mmmw “'L‘ r the accused lodged a criminal cor offence under Section 498-A oft I the accused assaulted his elde daughter namely Rani, aged about 9 years wwth club and lacks on th ground that she used to play With his papers and throw it here and th -‘ matter was reported ta the poll e station - Jahalpur under P-6 After w tmg Off‘cer reached to the place of occurrence and prepared the srt plan—9 of the ptace cf occurrence He took Into possession the ctothes the doctor under P-7. Aner gtvin ‘Panchanama P—5 of the bo memorandum of accused P-2 h took into poésession two wooden clubs under P-1 The hody of decased Ram was sent for postmortem rexammatron to Primary Heatth 'entre Jauaipur under P—10 where Dr postmortem on the body of deceased Rani and prepared the postmortrn report P91 1. Babool wooden sticktand ons of offence. were sent for opinion of octor gave her opinion‘that the injuries I Rani could be caused by the above mentioned objects After compte ion of the investigation charge sheet was I fled in the Court of Judicial committed the case to the Ses 4a! / Sam} Kachchhap conducted th Nengur wooden lathi #— the wea the doctor under P-13 and the found on the body of decease The prosecution in ordr "to establish the charge against the ‘ c3. nesses On the other hand statement z accusedf'appellant examined 14 f the cs ecord er n 3 th Code o Cal (registering the case the invest ipiaint against him for the commission of e IPC Onthefatefuldayie 1? 11 1994 e which were kept in his surtcase The which were received from notice P-4 to the Panchas he prepared of deceased ,R'ani. ‘Base'd on the agistrate First Class Sakit who in turn ‘ons Judge Bilaspur from where learned Additional Sessions Judge, Sakt received the case on transfer for trial. r = : “o acued was red u d Sectio 13 of e f rimin implicated in the crime. Learned Addit' nai Sessions Judge rafter heating the arguments of the res‘pective cou sei convicted and sentenced the. aceusedlappeiiant as mentioned m par graph -1 oftins iudgment 4. We have heard Shn C RSah learned counsei appeanng on behalf of the accusedlappeilant and hn Akhu Mrshra, iearned P L on behalf of the Statefrespondent ‘5. Homicidal death of deceased Ra Iis not In dispute 6. As far as mvoh/ement of the ccusedrappellant In the crime in question is concemed. PW-1 Mahesh mar \M‘io witnessed the crime has etated that at about 7.00-7.30 pm. whe he was passing through the road ‘on which the house of accused was e‘xi ting he sawthat the accused was assaulting his elder daughter with club nd kicks however, he went to his fhouse thereatter Later on he came t know that the daughter of Ashok Kumar to whom he was beating, has died, on which brother of Ashok» * Kumar went to lodge the report. ~ln hi cross-examinationhe has stated hat on suspicion the accused closed th door at the time of assaulting his daughter and opened the door thereah r. He saw the accused assaulting ‘s is daughter: PW—Z Hemlal ‘has‘corr berated the above evidence and ated that on the fateful day when he s coming towards the vicinity he 'aw that the accused was attacking his daughter Rani with club and kicks nd when he returned in the night he me'to know that the daughter of shok Kumar has died ‘ ln the crossp amination he has stated'that the ‘ ccused had two daughters and the a cused was assaulting Rani in the ont room PW-3 Umesh Kumar has ated that he lodged the report in he police station Jaiiaipur The ewde ce of the above witnesses stands [ate ahad i L i t mk* u XI-HC-ZZ \ 7 _ aim! m Was 37m: ’ mam maxgm \ 3 - mam? nma‘i if fwaW a; afvan swam prosecution evidence and stated that h is‘innocent and has been faSsely LHc—22 X Cr .4 Awé/m, 200 mm ‘ . q‘ . I wwwwim %Wa§$m mm u account of Injury No 1 2 and 3t e death was posstble and the cause of ‘ death was asphyxra on account tnwry No 1 2 and 3 on the chest and lung She has further opined th t all the intunes present on the body of deceased were ante-modem m n ture and the same could be caused by Babool stlck and Nengur stick wht h were sent to her for examination 7. Therefore for the foreg discussion. we are of the considered , plmon that Involvement of the a cused In the crime tn question attacktng xthe deceased Ram wtth Babool cl b and Nengur stick as a result of which 'she succumbedtothemwries is stabhshed 8. r As far as tntention of th: accused to cause death ‘of Rani ls concerned looking to the mann r tn which the offence was committed upon a gird chud aged about 9 y ars and the parts of the body where the accused lnmcted as many as 14 tunes rt ls established that the accused assaulted deceased Ram With an lntentlon to cause her death 9. ln Vtew of the above we ‘ o not fnd any illegality or mhrmlty In the judgment of the trlalCourt. The ppeal being devoid of ments deserves to be dismissed and the same is h eby dismissed. r \ 7 Dr (Ku ) Sam} Kachchhap who haé stated that there were 14 mmnes n the hody of Ram On dissection she found that the bram was: conge ed left lung was congested In which clotted blood was present and the eslctes of the same were ruptured On dissectton of the lung ehe found fr th mixed hlood tn the Iung and the right compartment of the heart was led With blood whereas the left was empty The large lntestme was ull of blood She has opmed that on Icorroborated by the ewdence of P - l ot ‘