ly^. ^ -189/(Jail) %^.R. 11/94/2,000 .-h / , /< / c>:.^^$^2^!' CFO'W'M1^8'"4" APPEAL OF PRISONER 'lt J>^ ^-^ No...........a.-<.Ut...................... Name ...^^^^=^: Father's name -.^ ~< ~2?t^f""s^Tyf Residence -'r?^t&^:^Al%^]..^H!.^^Age ...^.6. Sentenced to ...^IT^Q^T.^teHMI^"..... On......4-^-<"5r-^-S? •"....... ......." Under section .a^/......'^]I^:i-CT^. by .:^CT./^m^^l^atl^m^.:.^3T^ It is explained to the prisoner that if he states or wishes to be represented by legal practitioner the Appellate Court will not proceed with the base for seven days unless the^legal practitioner appears If the legal 'practitioner does not appear within seven dayshe may not heard at all . Ifihe prisoner states that he does not wish to be repre- sented by legal practitioner the court may proceed at once with the case and will not be obliged to give a hearing to any legal practitioner vvho should appear . I 2 3 4 Date ofApplication for copy ofJudgement Date on which copyreceived .........'...... ...... ..]%' Date on which Appeal sent ............ .. L..........l3:.^..r5.^ Whether the prisoner wishes to be represented or not - Yes / No t-} No. N^me...-.l^<^^=tJJ^,Cl$^..................... ^L. CoDfined in ...... -.T^^H~Tr..........^—Jail <......••.•^^I^SIS^TT. No......^.'3..'^r...... ......... Dated,....t>a.i. .6?.:. .. 199.Q. -i Forwarded to the CHIEF JUOICIAL MAGTSTRATE .. ..^Uim^7..........^.........: F^gather which a copy of judgement or order passed in the case for favourof trans- mission to the proper Appellate Court. J^-^.. -- -'^ ^^^^^^- PTUp^ .i^T^T^^rT'-^^i^T" ^^" ^~"-./ "~- ' .' 'T:^WT°^iMN .'....^^,,^ As^a^-^ ^. ^;^. >^t . -\ ^^W—^l^T^N" ite of receipt in.,. .\J>.\s ( ^.&....:.......... office ^ff^e of receipt recqrd to accpmpaoy the ......IA/^[^^:..^........................ ...... (^p^^ i/Memo ofAppeal to the Appellate court \ /^^ u No ^ ^.?"r—.^.^.......... Dated .^AW-^-1^........ ~^...................... Forwarded to the ..^?^)y>U7. .^^.^?4^r^..^^^...(L£.^^^-^........, ^: .^::^' . ^ .A^-» t:-,^-^1-^2^ -.^ffl<-»?1»^ •m -%:-^€ DateofreceiptiQAppeUateCourt..../ .^..^.. ...........................^^gS^^^ ( Pl'T. O. ) ^r'v "•^ ^ ^' / XI-HC-78 w^r^rfN^ ^T^n^r^rh -^. ^^ ® *11*1<<11 «»+1|ch '^I^ICI^, yiTn^KS, (c|dl^^< ^c^o.^.^.U^^ 200 3T1^?T ^iR? (<i^3^er) ^TTW^fl^^TT^r DBi HON'BLE SHRI V.K. SHR .HON'BLE SHRI DHIRENDRA IVISSHRA.JJ. 31.10.2006: Mr. M.K. Baeg, counsel for Shri U.N.S.Deo Additional Pandey, Pane! Lawyer for the'Sta' Heard finaiiy. Judgment dictated on Dias. PerVjiav Kumar Shrivastava.J. . The appellant has preferr^ the Code of Crimina! Procedd conviction and order of sente^ Additlona! Sessions Judge, R^ whereby he has been held.g.i| Dhanmet. Bai punishabie un.der. has been sentenced to undergo i| Factuai matrlx of the casel was living aiohg with' the a.ppeila| Bai both consumed liquor. Appel| Bai who was drunl< refused Appeilant assauited her with clu| mornlng he narrated the incider| ^T^N^T WT^ff ^"* te^t <f^r^K ^3:rf^T3TT^T MASTAVA & the appeilant. Pubtic Prosecutor with Shri D.C, :e; ^d this appea! under Sectlon 374 (2) of ['e against the impugned judgment of ice dated 14.7.1998 passed by First Bgarh in Sessions Trial No. 175/1997 iity for cornmitting murder of hls wife gection 302of the Indian Penai Code, and |nprisonmentforiife, that Dhanmet Bai, wife of the appeijant it. On 25.6.1997 appeilant and Dhanmet ant asked her to prepare food, Dhanmet do that, therefore, quarrel erupted. and kiilsd her by thi'ottling. On the next to Rattidas. Rattidas after ascertaining r XI-HC-78 3P5? •^ww^, ^-<S\w\<o, {cidi'y^ . C.T^.A^498' rL' *11*1dl St»*1ici» ^ 200 3<1^1 MSIW (l?^^) 3TT^T^T^i<=b cT?T^ST$RHW S^cTTW flrf^cT 3TT^?T that Dhnmet bai is dead went tl intimation and aiso recorded fir| Rajanand Yadav conducted Inqu^ the dead' body of Dhamet Bai to for post mortem examination. Dr. opined -that • deceased dled: due.! smothering- by.means of ctosure| homlcida! in nature. During inyes| •have. been •used for assau!ting| recovered and seized .frorn the a^ earth were coliected andseized fi| also seized from'. one.Aartidas. recorded. under sectlon 161 ofCr.l chemica! examination to Forerl examination biood stains were foii and Sari. Charge under sedion. 30^ appellant and it was read over an^ Learned triai Court after apprecial guilty for cornm-itting murderof -hh andsentenced him. Dr. Bodalkar (PW-10) whc evidence that the deceased died smothering and the death was h< chi<ilci4)-i ^i^<viT^ tel^t <f^<^i< ^3Tf^T31T^T the poiice statjon Kapu, gave merg it information report. Head constable ^st/prepared his report and forwarded 3rimary Heaith Centre, Dharamjaygarh 3,8. Bhodalkar conducted autopsy and to suffocation caused as a resuit of of nose and mouth and the death is gation burn fue! wood which is said to Dhanmet Bai and one Lungj were peilant, biood stained earth and controi om the piace of incident. One Sari was Staternents of witnesses have been 5.C.. Aji-the selzed" articies were sent for sic Science Laboratory, Raipur. On nd on the stained earth, burn fuel wood ' of the !PC was framed against the expiajned to him who abjured the gullt. tion of the evldence held the appe!!ant wife Dhanmet Bai, therefore, convicted conducted autopsy has stated in his iue to suffocation caused as a result of smicida! in nature. Learned counsei for ^)L- XI-HC-78 3T1^T^Tfq^[<=t) cTSTT 3TI^T ^RT^ (^- / *ii+i^i a»*i«ch 3^'^I^I^t^, ^Tfl<141(o, [®l^1l^y ^-crT.-A:^^'27l^ -s~ 200 tyT^s|<h 5^<TTW ^fN'W^T fhe appeISant disputed the death| e>ternai injury has been found o| mark of vjoience was there. Dr. B| has admitted that normaily in ca^ filled.with blood and left chamb^ both the chambers have been fd rnouth h.as not been seen, •there'fl homicidaj in nature appearsto be| So far-invoivement of the concerned, aithough a number ^ prosecution ..but no one has stal night appeliant and Dhanmet ^ consumption of iiquor is concem| Dhanmet Bai or the appell-ant hac^ PW-3-KhusiyalSJngh,P^ PW-11 Chaitram, PW-12 - Gal Mahiiram, PW-15 •- Bachanra Sankunwar, PW-21- - Marichaul examlned by the prosecution bu support the prosecutlon verslon. ohlef stated that the appellant however, when he was prosecution, in reply to sugs confessed that he pressed his \h cbi<4fcix41ri ^i^dT^'tel^'<R«-<K ^3Tf^H3TT^T being homicidal in nature. Evidently no 1 the body of Dhanmet Bai and even no )dalkar (PW-10) in hls cross examination .es of suffocation right chamber rernains r remalns empty but in the Instant case und.empty. Blood froth in the nostril or 3re, from aii these facts the death being doubtful. ippeiiant in the death of Dhanmet Bai is c w'rtnesses have been examined by the ed In the.ir'evidence that on the fateful tai'were inside tiie house.-So "far as 8d, there is no evidence to support that consumed iiquor on the fatefui night. V-4 - Rajendra Prasad, PW-6 - Ratiram, leshram, PW-13 -- Lalsingh, PW-14 m, PW-19 Ganesh Ram, PW-20 - ;onl and PW-22 - Jankari, have been t al! of them, turned hostiie and did not Rattiram PV^-6 v/ho in sxamination in tlid not te!i anything' about the assault, |d hostile and cross examined by the tstive questions that appeliant life's neck as a resuit of which she XI-HC-78 3n^T^rfN^ cT8TT3TI^Tsb^ich .J ^ ^ (^) 3^ ^l^Krt^, ^Tfl^-'lG, (®ldW^< *i 1*1^1 a^Rich ^[200 -LI- 3TT^?T^Rn?? ^<TT^K^f?cT3TT^T but when he was cross examirls appeliant apprised him that hjs w|i a witness who is not worth re!iar|< m-ade any extra judicial confessiot- judici.a! confession doubtfui. Thefe appejiant with the-crime; therefor^ prosecution utterjyfaiie.d to pro\}' death of h 13 w!fe Dhanmet Bai. in the result, the .appeai conviction and order of sentenc^ The appe!!ant Is acqultted of the is directed to be set at iibeit/| case/matter. J^_ Sd/- V.K. Shrivatava Judge ct)i^Tci4i^ HI^^TI ?fteI:^<Ri<-<;i< ^31^T3T^RT ed by the defence, he stated that the fe died due to fa!!. On statement of such ce, It cannot be accepted that appeliant n. Learned tria! Court also heid the extra is no other evidence toconnect the ^, we are of the considered o.pinion that |-e beyond doubt that appeiiant caused ps allowed. The impugned judgment of passed by the triai Court is set aside. ^harge under section 302 of the iPC and ^forthwith if not required .in'any. other Sd/- Dhirendra Mishra Judge P.T.O.