iXII.189/(Jail) C.J.P.R. 11/94/2,000 C^A. ^H/37 NO.....................W2.. ^rg TrTier 's name ...——..."., Name 1=iT7"ar?t ?[T?T g^ fT[ryr?T m ^i^Uti-"- 's |Resi<tence^o<,^OTflir^p;^-?T^^^^S.......-^..32^g.^......-......- ....... ~ . Sfentenced to .^^^^.}.WWr^ ^r^n_^^2y?(,_ __,__, .„,..... . . Under section .^02'^oarf?o:.....^..^..7by ?T%)fN^.^O^;^!^9rH?;:^^ It is explained to the prisoner that ifhe states or wishes to be represented by legal T~.-,actiti0Der theAppellate Court will not proceedwith the base for seven days unless ^ti^ legal practitioner appears .Ifthe legal practi.tioner does riot appear within seven " days he may not heard at all . Ifthe prispner states. that he does not wish to be repre- sented by legal practitioner the court may proceed at once with the ease and will not be obliged to^ive a hearing to any l&gal praetitJofler-who sheukl appear . ^ 1 2 3 4 Date of Application for copy of Judgement ... ..... ... .......... Uate on which copyreceived ............... ...... ......... ........... Date on which Appeal sent........... ............................ \yhe^her the prisoner wishes to be represented or not - Yes / No' No.... ..,...48^5-.•••••..•-••••.•••••.....•••...--Name,..1^;3XT.?ta^.3!S/.fe G6Dfinedia .............?M^^..........Jail.....:.....^.?T^^0...........^ No...:...».... ......^./±^-Dated^.....(.A^^I99-7............. ..................... Forwarde^to the<^ffiE^W£aeiAiFM^^iS¥Ra^¥S.3ri:te)!^teBi..BStcimaa.3^^.^ro^O| f^^ther which a cbpy of judgement pr order passed in the case fof favour of tirans- •* mission to the properAppellate Court. mT^t~. ff^JVm ~fB.fS-i72/95 , -• ' aft" yHrf'TFI t^Tife T-Rlfi'Tfr (• ................Jail- ...-...<• Date of receipt, ia... ........ ... ...:;...........'offiee ...«......^..^^... ^.,..........v^......u Date oLreceipt record'lo aeeofnpany t6e ......................................... Memo oFAgpeal to ihe Appellate court '.'...:^. .....................^ ..... ............. No Forwarded to the Date ofreceiptiaAptiellate D&ted;...,........t,.^...199. i'ilE.. n II il ""•-"•'"ininiiil'Trr' XI-HC-22 ~5^ •^lilld'4, d'dl^lti, faCTiyy *11*(CTI shlich SV^ V^K ,, „ ^.^^.^y^- f..^ fq^T" 3II^?[^( K;-ii?(i sv^i ?t)^lctl yfsfl sii^r ¥RIIW^f^r chT*lFcl^lF[ +II*1tilT ^ f^<<;! •(.FsK-dK ^r aipgq aii^r t>IVISIONBENCH! - HON'BLE SHRI L.C. BHA&OO ANb HON'BLE SHRI t>H!RB14&RA MISKRA, JJ. 8-3-2006 AAs. Usha Chandrakor, coynse Mr. U.N.S. beo, Additional for the appeiiant. Pubiic ProsecuTor with Mr. Ravindra Agrawai, Panei Lawyer for the State|/pespondent. Orsi judgment dictated on &tjia. PER L.C. BHA600. J. The accused/appellant has ptfeferred this appeal under Section 374 (2) of the Cr.P.C. qusstioning the ie^aiity and correctness of the judgment of convlctlon and orcier of sentenc^ dated 13rt Oecefflber 1996 jscssed by tpe 2 Adtiitiona! Sessions Judge, !^iynand9aon in S.T.No.132/95 whereby learned Additiona! Sessmns Judge| auilty. for commission of offenc^ sen+enced him to undargo impriso lodged the F.I'.R. in Poiice Statioh A Sonwati. Thsn he ieft +he work after hoiclin9 the ctccysed/'appellant under Section 302 of the I.P.C., riment fo^ lif®and ts pay a fins of Rs.l.QOO/-, !R default of payment ^if fine to further uRde"9o R.I. for 3 months. The easeof the proseeutio^i is thof PW-1 Preetdos ©Preetram nbagarh Chowky to the effeet that he !s the r-esident sf villaqs Sonso!To|a ond h^ is the Kotwar of fhat vi(lage. When he was workin9 with his br|other Komol, Uttra Bai, daughtey of accused ©irdharicarne Ond infornied that her fainer has.set on fire flttd went along wi+h Paneh 6ond and XI-HC-22 TS? •^l^ld^l, ST|I«'IS, hcii'Hy *n*R1T <hNI<0 31T^?T xraq? ^,..&CA,.tA&,.^^^ 200 1^5ET' sn^i^ii r<-ii?b 311^1 ^-4}^> ^fe^ an^i ?sirar ^lftTT -^- cST<li^f<4)'t 'RF^ ^ f^St ^R^-K •SF siPg'cj OT^I <|au< 302 others. Sarponeh Scisakhu Ram oi^ whoie cssse thst $ir<jhari has set on| has been disciosed by Uttra Bai, went in front of the house of Sir-ijl burnt eondition. &irdhari has niur'dt ftsceiving this report the Crime N0.12S/94 under 5ecfion 3p2 occurrence, after giving notrcel Panehanatno Ex.-P/2 of the dead Sonwati was sent fpr the pestmor{ Csntre, Ambagarh undsr Ex.-P/4-i'j The postmortem on the dead postmortem report' Ex.-P/4. He viacera of Sonwati. One sealed 5onwatJ wos 'i'aRen into possessi'on of the piace of oscurr'ence was r-ecorded, B'asedon themefflorandlum kerosene, one matchbox and one oosseaaionUnder' Ex.-P/13. Blood possession under Ex-P/1-4. The bu( in+o possession from the plcce of After compietionof the iny^st! Court of Judicial Magistrate, I <} j3\. ito caroe and he infonned hitn about the Ifire Sonwatl in front of his house. TTiis (^aughter' of the accused, on which they fhari and »>w that Sonwati was lying in l^red Sonwati by setting her-on fire. ^tstion House Offjesr r'e9istsred. the of the I.P.C., ieft for the scene of Ex.-P/l to the Panchas, prepared body of th< dececesed. . TTie body of !'em excmJteJ'ion to the Primiary Health whers Dr", V.B. Dhok (TW-8) conductsd of The deceesed ond prepared the |'6ok jnto possession 2 Jars containing paeket containing Sari and biouse of ^nder Ex.-P/7. The site ptan (Ex.-P/ll) p^epared.- Merg intimotion Ex.-P/lO (sss (ex.-P/123 of the cccused one rin of ^tone weighing 13^ kg were taken into rtained soil and oiain doj! was tahen into 'nt pieces ofsari of Sonwati were token ofceur'rence under Ex.-P/15. v^stigation, charge sheer was fi!ed inthe ioss, Ambagar-h who in turn committed botfy pi^epared. jny^stigati rii'niilli il-w'——TBiiafin XI-HC-22 sn^r'qir R-fi'* Sll^t ?tl^llct) v^ "s^ -i|l<s<lcltl, oiil-y'is, fadi'yy. 3TI^9T/q^7 MIHCTI wqrai "B^ 200 Iq^ar' aii^r ^wwv^s -s- dscaated +he case +o +he Seasions Judge, Additional Sessions Judge reeeived The prosecution in or'der 1| aceuaed examined 17 witnesses. under 5ection 313 of the Cr.P.C. svidence.appearing agojnst him and s| faise'y impiieated in ths crime. Les) hearing the argument of respective| aeeuaed 03 mentioned in para-1 of th| Wehoveheiard iearned <;ounst Tha homicidai dscth of As fw as jnvoivemenT of thel "is/ concerned, PW-1 Preetdas, vill<g turned hpstite and he has not sup^ iodged by him. Other materiai house Sonwati is said to h'c'.'e igone t<^ on the fatefui day she wos sltting children. Sonwati came and soid "i weeping, therefore, she wentinside Jhis witnesshas aiso been dec! prosecu+ion has not been able +o bi^ goes to show that accused ©irdhorj ther'eafter set her on firs. ctiN^^1 *1W<"ff ^ FS^ ^T^K ^T3lfi;m 311^1 )icy'nond9a6n from where learned 2' the ccse on transfer for tricl. 1|o estabiish the charga against the Stbtement of the oceused woa recorcled |in which he denied the prosesution sh'atsd thot hs is innocsnt aria has besn is^ned Adciitional Sessions Jud9e after lcounsel convicfed and sentenced the |sjudgment. . for fhe parties. Sonwat! is not in disputs. |accused/appelidnt in crime in questlon l^ Kotwar, who iodgea the report has ijiorted the Fir-st Information Rsoort wit^iess namety PW-5 Sukhbatl in whose ssek Aeltsr, bu+ shs has s+Qtedthct in front of her houseaiong with her 'so+e save", thereofter. the chitd started 1'he house and ahe did not aee anvthinq. iared bostiie. In the cross-excmination, the bi^ing on recbrd nny circumstance uihich chased Sonufati, he dragged her and 1 £6t.Vi. aXiOi lcl k'^~^*ftil^-^-A-a'rtpS£^-- XI-HC-22 'S'^ •^WIft'il, ei-ol'y'is, f«iciiuy SIR^T T^? 111CTI g,^j(^--—---"------^200 """l^i^T"""""""""""""""""" aii^r^iT fi;-(i.'*'3ii^r »*iroflfiH an^ ^giw ^ra ~z{ CCTqFtn<tftTT 'RTO^f ^ fe^ <fa^i< ^sipgH'ffl^i tHiat mentiBlned stottld Another wi+ness, Vidieshor fateful doy occused Sirdhcri racs and Sonwati r'aised the scream "i Sukhboti, on. whieh Sukhbati soidl Thereaftep, he came to hishouse Sonwati was !yin9 in burnt condit Sukhbcsti and who dra99ed Sonraati] that near the Varandah Sonwati was] aee Sirdhari there. He has stated Sukhbcti ond Sukhbati, 03 mentiel prssecution case and has not Tne prosecution has not been able setting Sonwati on fire.andcommittj of PW-7 Poorandaa who has 5onwatitowards thehouse of stone on euhich Sonwcri'i raised +he| therefors, scve hsr but cccused| Tnereafter, on accouht of fear thei aaw Sonwati in burnt conditiori. of Sukhbati and Sonwati was iying ir) .' ! , • ^ te the atreet. Even this witness settine Sonwati onfirs. Moreover, has not suptaortsd the case of the iurned hosti!e and she has stoted |SAu pW-6) has sta+ed that on the chjssing Sonwsti hsving stone m his hand 'sbve save" in front of the house of that do not quarrel in her house. any hslf an hour thereofter, he saw that lon. Sonweti rsachsd ths housa of he did not eee. Theraaftet', he saw ]!ying in burnt condition, but he did not Sonwati went toward^ the house of eariier, hes not supported the that ©irdharswoschasing Sonwati. I'o connect the occused/appeilant with \ng murder of Sonuuati by the evidcnce , that Sirdhari, while beating, took . girdhar-i attacked Sonwoti with a cries that Sirijhcri is oT+ockin9 her, &irdhQri continued to attack her. j? ran <w;cy towwds the house. People Son|ii;ati was seengoing toUfopdsthe houae burnt condition Infront ofthehouse hts not stated that he sail ths accused cjs has been mentioned enrtier, Sukhbati brosecution. PW-9 Kanila Bai hcss also l-hat she does not know when Sonwati 3tat4d 5ukh^ati ^U.U.*.>»,1S-,^... ,. ^ XI-HC-22 sn^i^i h-u* sn^i *^ <-1^cl narve 'tf^ '^ -^ 's^T '<i||<t!.2'l<<, aiil'y'is, [°i<Yii<ay 3(I^?T 'tRT^ tlllMI (hirai •^ 200 1^?^T' iyi"b Soniluati. THat died. The bodv of Sonwati was not know. Number of viliagers were| see that Sirdhcr'i was chasing hostile anahe hew stated thathow Vtrtually -there is no lega' accussd/appeilant with the fnurdar- 4 we are of the considered opinion evidence connecting the accused ther'efore, finding of the trial Cour|t commission of offence under Sectiot In the rssuit, the appeai j conviction and sentence Imposed or( 302 of the IPC are set aside. He| aeeused/apBetlant be set at liberty case. CM^i^i<ili TWRcrf ^'f^si' <[<n^.i< ^ siPtTir sfi^r on the road. How sbe died, she does |stanciing on Thestreet snd she did not PW-12 Bharat has aiso tur'ned Sonwati ctied, he does not know. 4nd ciinching evidenee to connect the tf the decessed. In ths cir'cumstcnces, since there Is no iegai and ciinchim nrith the murder of the deceased, • convietin9 the flscuaed/appe!li»ntfor X)2 IPC esnnot be sustdned. bucssads ond soma is aljowBd. The the occused/appeilcnt under Section 1 is acquitted-of the said charge. The ^orthwi+h, if not required in any other Sd/- L.C.BHADOO Judge [-q^^fS^-