cA ^~A f>^. c'Fdoooossosi ^3> / %- N3. M_ /- APPEAL OF PRI30MER -/ _*^ Nams S^^LT: Father's Ngme Age. »^ <5ff5\V Residence '^ST- ~^V^-T!?r'~^?¥tl<T -Q - _ ^'V\ -- --a\\^T<KT - <^ taLL Ssntenced ts ;_%^(te7r _ es»,i<V<?T<=r _ y"__, on ^2-^L-l±Ll^un(:ier Seclfcion_3Q2-^F. ^'<" \bv~?T^T ^f^ T^C •3-S5jB^o \a\^\iy^^-\ S.T.No. •%<• ^ /gy It is explained to t'ne Drisongr th,->t if he stgtes or Wishes to be represented by a legal pr--icti-tioner the Appellate Csurt will not proceed with the base for saven days unlsss the legal practitioner apoears. If the legal practitioner does .n?t ^ppear with in seven days he may be heard at all if the »r states that ths does not wish to be representad by leg^U practionsr the Csurt may prsceed at once with the case and will not be obliged to give a hearing to any legal pract- itisner who shoud appear. 1. 2. o • 4. N3 Date of application fsr capy o{ Judgenent: M^ Date of which cspy received:- 'z-7< ^ • ?l| Qate on which. Appelisent:- S." , S"'^^ Whsther the prisoner uushed to be represented or not -16 Name "^n^r' O37'e Yes mr^vr h/S<- Continled in_^793 Tfe ££'/^^Jail. No. ^<x / ^t-sz^vf /y^ GT5T$@,5[r __ Q^> (srt^'^J^ Dated __sf__l^l_ti_ 7-7; Farwarded to the CHIEF JLDICIAL MAGISTRATE. T^iAeJjp-^'^/T' togather with a copy of judgement or ordsr pafr^ed in the case favour of transmission t'l the proper Appliate Caurt. . Sups' 'fcdte af rscsipt in C.J.M's Offics. Dats of receipt of recsrd of accompgny. temo of .Appeal of the Appelliate Caurt. N3._Al._L^2A^_. _ __ Dated_ 'sn^-al/Distt./ Pt<\-. TT Forwarded to the c\\sW- A-PJ^no^ .TIA 13^1 'J-, "1 •/'» '*» ••'»•. <-» •:,i»K- .^, ' .'*«• /•^' •L^ € XI-HC-22 's^l 'fwwii, a>fl!«<is, fa'ni'yy HWW SnHVSfj STT^T xraq?, ^^.^s^ ^ -H^ 200 lci'b<sr' sn^r^iT R-ti* an^T Sh-HT^ ^f?Cl sii^rTtgTSK'gft-cT <:bl*lFcl^lrl +ll^lc?f ^ f^^t ^f^t«l^ ^aiPgiTsn^r &IVISXONBENCH: HON'a-E MR. LC.BHADOO A HON'BLE MR. DHIRENORA tAlSW^A. JJ 07.02.2006 Miss Sharmiia Singhai, Advoca^"®for the <q)peltant. Mr. U.N.S. Deo,Additiona! Pub| ic Pi-osecutor with Mr. M.P.S. Shatia & Mr. Akhit Mishrd, Panet Lawyers for -^he State. Orol judgment dictated on Oe^. 1 P«r L.C. Shodoo. J here^y By thi< nppeal under S»ction| Pojje has questioned the legall1y| 27.4.1994 passed by learned 3rd ij / . Jsgdalpur in S.T.No.344/93 where( afi-er hoiding the nccused/appelioint Section 302 of The I.P.C for commitif Joga sentenced her to The prosecution case, in 1.2.1993 cct about 8.00, p.m. warming herseif by sitt'ing near fir4 for something on wWch quarrel process the accused/appellant after| him dowi and pressed the 374(2) ef the Cr.P.C. appeilant Sodi & correctness of judgment dert'ed 4<Mitional Sessiwis Judge, Bastcu' at leamed Additicnal Sessions Judge feuitty for commission ofoffenc®under to4t< C for commiti^ng murder of her husbaid nnmelY Sodi undergo impri^onment for life. bri«jf, is that in *he fateftit nighT i.e. on the acct|is®d/appeit®)tafter cooking meals wos \, deceased Sodi Joga came ond asked to^tt ^ptace between the two <uid jn that |catching hold the deceased by hair fed l(eck of deceased with the leg. XI-HC-22 an^l^il R;-ii?b sn^i 9^*^ ^f^fl ^I'J^P3^^3^^ ^"I "s||.i<|c)t|, afll+f'is, (iicii'My . sn^i '^RIIW ~sS?s -2-- chi'4T<n^li ^w^i ^ fe^ <f^^.i< ^? arpgii sir^a Accused/appeltant also pressed the 4sfo*at of the deceased. When the son of deeeased & aeeused namely Sodi t^Kima (PW-1) asked the accused not to indulge in such activities, she threat|sned him atso with dire consequences. Sodi Hadffla left the place on oecoun"^ of fecr emd he called his uncie namely Sodi Deva. When his uncle rejached the house, at that time, accused/appellsnt was not at her- re^idence and Sodi Joga was iying dead. Sodi beva appriseci about the incide^it to other vitla9ei*3 and thereaft-er a Poncheryat was convened in which cjccused/appellcnt made extra-judicial confession regardin9 commission of cj'ime in question. Mattep was reported by Sorii Deva (PW-Z) in the Poiice| Stotion Sadiras, &istrirt Bastar on 2.2.1993 at about 9.00 p.m. on whi<jh a report' (Ex.P-2) was reduced into writing and Crime No.2/93 for commjssion of offenee uneter Section 302 of the I.P.C was registeped. Report (Ex.C-3) uus reduced into writing regarding unnatura! death of deceased Sodi ^oga, Panchnama (Ex.P-4) of body was prepnred and site plan (Ex.P-5) was a(so prepared. Clothea of deceased were taken into possession under Ex.P-6 ar|d body of deceased Joga was sent for postmortem exatpin<rtion to Mini Prin^ary Health Centre, Sadirda, where &r. Akhileshwar (PW-6) conductad t postmortem r^port (Ex.P-10). &octc|r noticed thfft- there was one abrasion on the neck in the size of 5cm x 3cm 3cm x l^cm, another contuaon was iil on the scrota! in the size of 2cm ^e postmort'em <»id prepared the aeontusion on the penis in the size of the size of l^ cm K lcm, one abrasion li cm, bone of the neck was found fractured, clotted blood wias prederr^ in the trachea and the doctor WKM of [T^^fe^ XI-HC-22 sn^i^ii h-i\* sf^s ^RWHfta 1 ^sr •^i'idi'i'it, ESTil'M'is, fix'ii'yy WWfT s*;t||ch sn^TTOnwgfttT - <— the opinion that decsased Sodi Jog where ieemed 3 Atiditiona! 5esaori <^T<t)I^Tifrr1 qT4<yif "^ ^^ <f^J-^R ^T STfigif 3D^T a died on account of asphyxia due to mugging. After completiwi of invBstig<rtfon, charge sheet vsos filed agamst the accused/appeliont in the Court' of Jtidicia! Magistrgte First Class, Sukma, who in turn committed the case to lejamed Sessions Judge, Jt^dalpur from s Judge, Jogdalpur receiwd thecase on tranafep for trial. i The prosecution in order t<j estabiish the offence against the accuiied/appellants exdfnined eight tjiitneasea. Oi the other hand,lecnied Additional Sessions Judge recorde^ the statement of accused/appellant under Section 313 of the Cr.P.C. in which he either pieaded innocence or denied the prosecution evidence ajid stated that deceased Sodi Joga commi+ted auicide byhanging himsel'f|. • Leamed Additiona! Sessiws >fudge after hearing the arguments of Additional Public Prosecutor and cour^sel for the accused person convicted <& sentenced the accused in the martner as mentloned in Para l of this jud9ment. We have heard Miss [Sharmita Singhu, Advoeate for accused/appellcnt and Mr. U.N.S. Oe^, AdditionatPublic Proaecutor with Mr. ffi.f.S. Bhcitia <S Mf. Akhit Mishra. P<»|eiLawyers for the State/ respondent. Homicidal death of Sodi Joga s not. in diapute, As fw as invoivement of the a^cused/appeliant in crime in question is concemecl, PW-1 Sodi l-1adffla, who j^ none elae than the swi of accuaed & ?s ' ' ['i^'^g^ '"plT'^"^""'—^- XI-HC-22 sn^i'^1 W S^V 5h^icti •yf^ct TS^ -ill'illd*), ^Tfl'y'lic, ('ldl'My W(?tiT ihtlRi sii^i ^grgr ^ifttf *!• cM-^Tc'i'^li ^l^cru ^'fe^t <M'>-$R ^TsiPtiHsn^r deceased, has stated thfft on the f^teful night he was steeping in another- room, on hearing noise of <yiarre! h|e woke up and saw thnt his father & mother were quarreling. 1-te has furl-fier stated that when his father asked for the food to his mother, she repliied that since there is no food, from where she can provide food to him ^and when she wos cAout to assault his fother he ieft for the houseof his ubcie Sodi Devo ond informed him about the incident, l-fis uncle went to inf^rm hia matemat uncle Madkami Sanga and when they came on the scene, t^ey sow thot his father Sodi Joga t»as lying dead. In the crosa-examinert'ion of this iiiiitneas. defence hss not been abte to elieit anything. which makes fhe eviderice of this witness unreliable or untrustworthy. The presence of ^W-l being the son of deceased at the residence on the given time was nat-ural and his ewdence is a!so iwturot, there is nothing in the cross-examin^tion that on account of any mimosity against his mother he has imp'iieateti her in a false case. Atoreover, the evidence of this witnesa stcnds corr(|borort-ed by the ewdence of PW-2 Sodi &eva, who has stated that 5odi 1-tajnliacame to him flnd mformed him about the incident on which he t»entto th^ Sarpcnch A Pffte! of the wllage and informed them about the incident. i^hen they reached the house of Sodi Joga they sav»thdrt' Sodi Jogc was lyii^g dead, there was awelling on the neck and injury on the scrotal region dffd w the next day, panchayat was convened. PW-3 Madkami Gwga haii|st<ri-ecl that on the fateful night t>eva came to his house and informed jiim about the quarrei between the deceeesed <& accused, they uient to th^ house of deceased Sodi Joga ond aaw [Tft^^rt •• XI-HC-22 311^1^51 R-li'* sii^r ^>t-(N) •pfia ?;"( -4l'illd'!:l, a^'y'is, faciiyy ii*ini wtira; "g^ 200 aii^TTOffWdfOT chpii^'t +ifi-K-?f ^ f^^i <f^t^.i< ^f sipgir an^i that he was lyin9 dead. PW-7 Socl^ Bheema has statsd tha* Sod! Hadma infornsed him about the murder of h|s father by his mother. Panehayat was convened in which accuse<l/oppeltan|l' was cailed and she eonfessed in the Panchcy'u'!' thot she has commiti'ed njiurder of her husbcnd. Therefore, in view of the ab^ve ewdence of PW-1, son of decsased, ~PW-2 brother of dececsed ond| extra judicial ewifession made by accused/appettant before PW-7, the invoivement of accused/appelkmt in the crime in question is estobiished and the finding of the triai court to that extent ia based on the legaievidencp. Leamed counsel for the j accused/appeliarit crgued that the accused/appetlant aasaulted the de^eased in a heat of passion in a sudden quarret ond without any intention to|c<use death of her husband, therefore, the offence against the accused/ajjpellant does not travel beyond Section 304 Pari'-rE of the IPC. | On the o+her hond, leamec) Addi+ionat Public Prosecutor foi* the Starte supported the impugned judg^nent of the trial Court'. ;In the evidence of PW-1 Scjdi Hadma, it hascome <m record that deeeased dsked the accused for fo]od, on which aecu^d repiied that since there is no food, therefore, from wfiere She should provide food to hini cmd on that moment some quarrel start^d between the deeeosed & accused and in that' process a<) of a suddentite accused fetl down the dececaed by catching his scrotal and thereaft'ei) pressesd his neck by the leg. Fpom the above evidence, it cannot be said[ thcEi" accuaed/c^peltwrt- attacked the [^ y<a^ 751 •^l'tllf<''l, »xi)'H<16, («(i')l'Mtj,< mwffshll'd 3Tlt?I^ K.-ii'h a^r 5n^icti ^fl?ci WlNri l.C*-/^ ^ r^ /\ -5^ deceased with the intention to caiisft-his deoth beccuse the incident hugspened on the spur of monrtnt on wiith 1-he !eg whieh proved fatai and above evidence the knowledg®ean b^ was having knowtedge thot by press ^)i14^1i TTm?ff ^ 'feTst <Fi<^i< ^T 3Tl^n an^i aidden quarrel between the deceased and accused and in that process the ^ccused pressed the neck of dececsed deceased died. Therefore, froin the inferred thct the occused/cppellant ng the neck, she may likety to caaise death but the intention to kill is nejt established. As aich, the offence \ E ' (^ainst the accused/appeliant does n|ot travei beywid Sect'ion 304 Pnrt-n oftheIPG. 1 In the result,the appea! is p^rt'iy ailowed. Conviction md sentence passed under Section 302 of the I. Pojje is acepiitt-ed of tiw charge unfter Section 302 of the IPC, instead thereof <ypellant Sodhi Pojje ia convi I.P.C. and senteneed to undergo RJ. leta-ned Additional Public Prosecutor Sd/- L.C.BHADOO Judge P.C. are set aside and accused Sodhi pted under Section 304 Pdfft-II of the •or 10 years. Accused Sodhi Pojje ia 'm cu^tody since 2.2.1993 thereby she has completeel more thon 13 years in cu^tody, which has not teen disputed by for the State, as such, the accused/ appeliont has alreody served out th^ sentence, therefore. she be sst at iiberty fort'hwith, if not required in dfrf other case. Ceri-ified copy as per rules. Sd/- DHIRENDRA MBHRA Judge [^^rt