@ m W ................... ...................... mm (13W) ‘ )G-HC—Jl8 ................111200 WWW w mm fg€tfm§w $afvmané¥l WW h? 3§ L"1E&TTE$EJ&M1‘3 &i‘ Bib&§PUN gt: A m“ Biial Ram 8011 OI Deena Kan} aged i i $tiai‘} &£Eai gm inn] far ‘H’ye apnAHa-nf ShriU.J‘\E.S. D60, Additkilai Public Prosacutor, for th€ Emmi ‘ régncndent. Heard an A No. 1, Ibr CounSd far the appeliam: Submits that the accu$ed is in detention $11106 b—9 it yedm and mewme, the a peai itseif may be heard fmaHV, to wmca Shri LLNS. Deo hasnp obieCtiOn. T 16R€EOF€, Ul€ a§p631 i" L Peru: L.C, Ehaéae, J; : ’L‘ne accused appellant has preferra‘i {his ampeal againet me mugma t GI e011v1c x011 and oyder of sentence dateai EO-Q— 5’94 passsed by the 2nd AddL t we ‘x’eeus Q“; Rajen, RS. u" Dlgtvim bargma if "‘r} OI CDfLaEHSQSIH, EDTOHQD‘. +~+4n1a Q1‘+A“:-m h;m++ an“ “én LaLLULl UiLCLiJLu, LJifJLLn um Lga E «eh-a M‘§E,; .T ’E 4, u‘m wa‘aaaysn u» uwu yvgmu. ~. Bai‘ljf 11€&1‘111E. k. $1 Cu , t‘lere‘mr he is in detention for 14 ll€&ld Ll alh/ uwumnw 1 :; Mn. a‘vu Amau .uu’.’ a Seesione Judge, Sarguié, in E3T L XI—HC——78 @@i W WWW WWW mm No. 458i 19§3, Wimwbv after mowing the accusw ofence undar Section 3021 11nm1sonmeni 1m me. ‘ Case 0f the, appeuant namalv Bifan Maamwa. The aecueed used t0 reside with his in—lawk; fami‘iv. in the lllght 0n 5—9- 1§9 ‘LCCUSBG EJHa‘H Kalli 31 E 1 quan‘ei, accused Blfan filS Dfiaa ODCE OH T. the leal‘TllECi AQCH. S€SSIOHS dudga $13D€H811t Q‘LHHTV IOI‘ COlllllllSSlOn OI OI I.i".U., S€11t€11C€Ci 131111 t0 EDGEI‘QO 1S ulat aCCuSCCi is son—in—law 0f deceased Kain / $01118 QUalT€l EOOK DiaCE D€HV€€H deceased Madhuva, anti in the attacxed Matmuva with a iami on ‘ 1 ng cries of the Wife 0f Madhuva, §E€fSORS TBELCB€G 011 £116 $1301 T116 Elattel" W33 T€§3OT§€C§ K) police Station Sitapui' ti der Ex P—i by“ Eahaidas. Station House Sincer, Fohee $ta'en, Si‘tapur registered the crime uneler Sectien 362 of I.P.(X Merg intimation EX. P-2 was aiso given by tianaldas. After iegistering the case, if). ieft. for the $66116 OI OCCUY1‘611C6, 3 vet the body 0t Madhuva. Site plan prepared inquest Ex. P~5 1 E}L i3~€ examination to the Primal I Health Centre, Sitapm‘ Where Dr. ELK. Datta (FEW. Not 6} co iducted postmortem aiid prepared reeort Ex P—9 in which naenmrrnage and death was 1 mw,m,w Wm a1 200 mm (W) opineci that the cause of death was COIHa aS a E‘ESHH OI D mme‘wm eai‘lenm Di‘oselmtion, in brief, 1“ givmg netiee t0 the Paiichas, was p‘epared. 506i}? was sent for post. incitem 3 , R he Y .i e XI—HC——78 3w W, WWI-(g,W @7 Wm 111 200 mm (W) 'manm WWifs'aW WWW §§a=ifcmatém hemicidai in nature. After campieiian of investiga‘tion, cnarg€ a11€€t was $661 in the Cami 0f Judiciai ‘ ‘agistram First CiaSS who in turn caminiued we caSe to {16 SeS$1on ducigé, Sarguia frmn when: Earned giddiiional SeSsion$ Judge T€C€§V€Q t11€ CELS€ 911 traHSi€T 101“ 111183“ PmSecution in ordm" to e$tab1ish the charge against the accuwd anpe‘iiani examnmd 11 witnwses. Staténmnt 0i / accuned was recorded undey Section 313 of CnP‘C in which 116 c‘ienied the materiai appearing against 111m m me proeecution evidence ami Seated that he 13 mnocem and ne has been faieei‘y impiicated in the crime in queetion. Learned Additional Seeeiens Judge after hearing tne counsel for the respective marries, cenvicted and sentenced the accused as aferementiored. We have heart} Shri Ahhav Tiwari, Advocate on behalf of the anpeiiant and Shri U.N.$. Dec, Addi. Pnbiic Proeecutor on behalf 0f the State. S‘nri Tiwari has net q‘iiisputed the homiciriai death of Madhuva. Mereover Dix Kl; Datta fP.W.6), who conducted the peer marten} has; Stated that on 58—1993, ne conciucted .DQSt 11101T€Bl OD IDS 'OOCIV Of Maanuva. 1116336 ’WEtS CGBtUSlOn injurv in size of ll C111 X ) cm on the left side of face, on dissection, it was found that. maxiiia and zvgcmatic arch bone XI—HC——78 WW,WT€,W @@ WWW WWW WWW Wm wt 200 mm (W) WWWKWW $WSIT§¥T was, Hammad, 16ft tempera wag premm on temporal rE '3) wer dangsmus‘ to iifa “rim L. ’i‘nereiore, m View (léath 0f Maihuva wass hon: b‘m‘i Pgbha‘»; Tiwari a waS resmmg m ms ill—mm: 3—9 igQS Whom tho acouge 1101136, an oi a sudden son. 131c£<e€1 up a iathi and a5 dewased, as a 1‘631111 of W} ‘i‘hemfore, he Submits mar not wave: bovond Section 3 Dn the other hand, unpugzaed magment. We nave werueed me 1 Boga; Dag has; stated t1” ileard criee new“ the house \ crvtng that her eon-Ett husband. He went to the Madhuva was wing on the head and face. Blood teae o went to Madhnva, he was — xvwz ‘1 bone waS fracturet‘i, dotted ~biood @8011 01 Doae. Lmuries; No. 1, :2 anti and me Geam was homicidai in of the above, it 13 estabiished that iemai if; natur . :gueti that the accused appei‘laht ’ house aha on the fateful day Le. 3d and the deceaeed were in the e quarrel staried and the accused sauhed once on the face of the och he sustained mime; and died. offence against. the accused does )4—11 of 1P.C. i .N Shri J t3 Deo eupeortea the emaenee availeble on recon‘t. KW. tat in the night at $.00 11:11. he bf Madhuva. Wife of Mac‘ihuva was Etfan Rant has attacked her " occurrence and eaw that . Thee was Sweihngi in his zed out tron} the iniurv. Yhen he e. On the next day, Madhuva a 7 " W U. med, therefgre, he iodged E smtea mar 011 hearing fr Maanuva Where he was 1‘ ma: the accusad has attau m6 nose. 011 enquiry? fror 51‘18l1 Ram has attacked hi KW. 2 Dhansai h evmence and stated that 11 \ 01 Madhuva was crying t1 at her sonwih—iaw Bifan Ram haa ‘1 which he and Choukidar Baha} ‘ence and saw Madhuva in injured mg on 111s head and Cheek. He was tuva (usclosed that his son—in—iaw :11. 't’herefore, the evidence of above hat the deceased made orai dying On cross—examination of these as hot been ahie to eh‘cit any credits the evidence of these lenient of the accused—ahheiiaht in ahhshed. )t crime committed ht? the accused reading, i‘ .t is admitted positiau that the ,\\ ‘.1.t<‘ EX. P—i. PW. 4 Mahaveer has e cries, he went to the house of aha on the ground. His wife said :Ked hum There was bleeding from i1 Madhuva, he said that accused 11 Wtth iathi. aS also corroborated the above 3 was 111 ms houSe. Jhtunabai, wife attacKed her husband, or r went to the place of occur. concu’tlon, there was swe’iii tamma. On enquin’, Madl' Bifah Ram has attacked hi three Witnesses ' disc‘loses ‘ aeciaration before them. Wttnesses, 1e defence 1‘ ctrcumstahce which dis Witnesses. 'i‘herefore, invol' the crime in question is est So tar as the nature appenaht is concerned, aCCUSECL 'WaS a his ih—iaws’ house As per XI-HC—7s 1" /L.C. BHADOO i Judge fl ’ 131‘036Cuti011, some quarrei the deCEasec‘i 31161 me aCC oni‘y‘, themfore, in me aé Cémnot' be said that the a< iniention to Gauge ms cieq the accusec‘i attacxea on c‘ieceaSed Madhuva with lz accused Bifan Ram new a: the deceased with laun on of Maii‘uwa. Therefore, oli doeS not wave} bevond Se< in the result, the ap The appe11313t under Sec imposed upon mm under thereof, he is convicted for of"ence under Section 304—11 oi LDC. and sentenced to 111‘: dergo 10 years RE. It is stated that the accused is in detention since 6—9 3398, therebv ne has tence. As such, he be set at liberty anv other case. Sd/— started between the accused and used attacked the (ieceaseti once 3ove facts and Circumstances, 1t ’cused attacked the deceased wnh th, however the manner 1n Winch the vita‘t organ of the body oi rth'i, it can safeiv be inferred tnat aflnite knowiedge that b? attacKJng head, he mat; likeiv to cause death/ ance against the accused appenant :tion 364—11 of EFL: oeai Earth; succeeds. Convicticnot tion 302 ct" I.P.‘C. and sentence that section are set. aside. instead ah‘eadt' undergone the set: forthwith if not required 1n Sdl- “A msw Judge , D WT m Hi 200 mm (W) WWW ammm WWW mm fsétW %;a‘f%m:'£1%¥1