/ yw' : 4 I‘&ther s nameég/ égw . . . Re81dencW£TW 973;__égé7#hge h5_$_W.—§- § Sentenced 2fg %7“ é 2%‘M yw On 3/ f Q5212) Under sectloe 5"f/y //;&’&2Z)" by ¢£§ gee 5W (EW/c/W W r/éa/¢ “* W77 3&2” : ‘ 7 ‘ 2 1t ls exmlalned to the prisoner that :Lf he states or wishes to be represented bv legal practitioner tne Abpellate Court will noe prcceed wrth the base for seven davs unless the legal utloner empears. Ir the legal nractltloher does not w1th-1n seven days he mav not heard at all. If the soner staites that he does not Wish to be reoresented by legal practlotloner the court may proceed at once w1th the case and will‘no’t be, obliged to give a hearing to any legal practitioneri who should appear. i 1., ‘Date of Applicatiowfor copy of Judgement *3/423 2&3? g/wlgm a anon, , s 3. Date on which appeal sent ther the prisoner wished to be representecl or notnYes/No pk 2. Date of which copy received w x was? Continued in _i\%/C%7‘ ail No. ‘ asiz/ l Dated ALO-W . ~ '1992‘ W Forward to the CHIEF JUDICIAL MAGISTRATE WW to gather which a copy of order o‘assed in the ca se for favour ofwtransmisSion to h or er Aooelliate Court. Name ' (l. c 7wa/ e/rfz/l Cf_’. VézZ79? superintendent I w tea; [o rm rzcw ‘ xazijwgfgg; j F Date of receipt in C.J.M's Office Date of receiot record to accompany § tn t W Memo of Apoeanl of the Aopeliate Court SE )qNwdq K No. @x Dated‘ .3 L] 2@@b rewarded to the f mm 74’0‘ CDJ. Magistrate “ A*_ 1 Date of rgceipt in Appeliate Court ‘ b‘MH‘ ”gaim ~ ‘ é.l W ; 6 E l e XI‘HC—78 3am WWI—s: hr A No qg(zooo . («A NV 1537/.4000 2% WW ............... m 200 mm<W) XI—HC—78 mam—cm, WE, . cf Cv-{A‘ a r ND: yin 9.5 Q9/100G 3 7/:woc Wm.‘~0~.. ........... .~. m 200 \ @ maqm mmm WW§WW a; 31%? 3W SE. No. 117/2000. whaieby the l accusad/appeliants guilty for commis 'on of o§ence under Section 302 of I.P.C., se£1tenced each of them to undergo onment for h'fc and to pay a fine of Rs. 2(10f-, in default of payment of tine, r further undergo 3 months’ R.I. Accused Rémnaresh has also been convicted 0&ence under Section 201 of I.P.C. and \ wwwm r sentsnged to undergo 7 years R.I. It is funher directed that both the sentences sh’all run concm'rently. Prosecution case, in brief, is t accused Ramnaresh being step-son of Sumari§bai, he used to reside with his father iswardin: stepmother Jagat Bahadur and step-mother Sufnariabai. Deceas d Ishwardin was doubting iidelity of his wife that Ranmaresh and Somatiabai are having illicit telations. In the night of 26-10-1999, lshwardin (since deeease )was sitting with one Sukhnandan till 8.00 pm. and thereaner he went to his ho e. He aftet taking dinner went for sleep. In the same house, accused Ranmaresh his step-brow Jagat Bahadur also went for sleep after taking their dinner. In midnight, Ishwardin started abusing Ramnaresh, on which, Ramnaresh Addi‘ional Sessions Judge amt holding \ Somariabai attacked deceased Ishw-ardin with a wooden Peedha, as a' result o which he became unconscious. Thereafter Ramnesh pressed neck of Ishwardin, ts a result of which he died. On account of pressing of neck, he passed stool and vomiting also, which was cleaned by Somariabai in the morning. Ramnm‘esh lodged report in the Police Station, Kelhari that his father has died on account of vomiting and dysentery, on which Investigating Odicer left for scene of occurrence, prepared inquest Ex. P—l on the body of Ishwardin. During police cust Ody, Ramnaresh gave memormdum Ex. P- ‘2, pursuant to that, wooden Peetha Wis seized under Ex. P-3. Statement of Jagat Bahadur was got recorded before thi: Magistrate under Section 164 of Cr.P.'C. Site plan Ex. P—6 was grepared. First Information Report Ex. P-8 was‘reg‘stered. l P.T.O. e ‘ ’s a d XI—HC—7 8 \ m g6 “g M 3 CV’Q‘NE’ .49/2‘7w'0 . ........ In 200 WW(W) 3am, . (xnPvND. 15371.1emo mwm WWW WWEWW mmaf‘sém %s1fr?rqsn%$ Ed‘dy of Ishwardin was sent for t mortem examination to Govermncnt Hqspital, Kelhari under Ex. P—9 Wh Dr. SR. Pm-aste (RW. 8) conducted post mcjn‘tem. He gave report Ex. P—ll and ‘ d mat cause of death was asphyxia due toistrangulation and it was homicidal naturc. Aftér completion 0f investigatian, cHarge sheet was filed in the C urt of Judicial Mag'strate First Class, Max‘i‘m‘ldragarh who in tum committe the case to me Sessions Judge from where leomed Additional Sessions Judge, ndragam recqived tho case on wansfer for uial §. Prosecution jn order to esta h the charge against the accused persons, examined 8 witnesses at the trial. Sta ement of aceused-apyellmts were recorded uhder Section 313 of Cr.P.C. in Whic they denied the material appearing against them in prosecution evidence. They that they axe innocent and have been falsely implicated in the crime as Bahadw wants to grab'the property. Learned Additional Sessions Ju§ge after hearing counsel for the respective panties, convicted and sentenced the a' cused~appellams as aforementioned We have heard Shri Jain on behalf of the accused-appellants and\Shn' Mishra on behalf of the State. Shri Jain has not disputed ho ’cidal death of Ishwardin. Moreover, Dr. S.R. Paraste (P.W. 8) has stated that e conducted post mortem on the body of Ishwardin, there were bruises on the eok, tongue was between teeth, he opined that cause of death was asphyxia du to strangulation, death was homicidal in nature. Therefore, it is established death of Ishwardin was homicidal in ' nature. As far as involvement of ased-appellants in crime in'question is concerned, star witness in this case i P.W. 5 Jagat Bahadur who is real son of accused Sumariabai; Accused is step-son of Sumariabai. RW. 5 Jagat i P.T,O. s e e b s J t d c h XI—HC—78 EW,WE W Or‘Q»NDUI1_'§[;Lu/OO . awANu.1537 100° Wm.ooooo‘~~o.~~.o.ooto’ m 200 WW<W) \ > WWW i ‘ WW§WW mmm g SWIWW aamam Bghadur has tamed hostile and has been ctoss-examinedby the Additional Public PLmecutor. In para 2 of his evidenne he has statsd that his mother and step- b$other accused persons made extra judicial confesSinn before him that may have cbmmitted murdm‘ of his father and may threatened him that if he will disclose this fact to anybody else, then they will commit his murder also. But thiswitmss is do? worth reliance for the reason 1hat statement of this wimess was recorded i tinder Section 154 of Cr.P.C. in which he never disclosed this fact that accused persons made extra judicial confession before him regarding causing death of his father Ishwardin. As far as question of witnessing the crime by him is concerned, on cross-examination by Additional Public Prosecutor, he stated that he gave statement before Magistrate Ex. P-4 he woke up on hearing cries of his father and saw that his mother and step-hr ther Ranmaresh were assaulting his father with Peedha, his brother Ramnaresh essed neck of his father, he hirther stated that he forgot to tell this thing theref re, he did not tell this before the Court. In 'K para 8, he has stated that in the ni t, he woke up and in the morning he saw L vomit and stool of his father. In the ght, he had no talk with accused persons. In the fateful night, there was electric f ore, therefore, in the night he could not see injuries on the body of his father, in e morning at about 5 to 6 a.m., he woke up, by that time his father was already d ad. In cross-examination, he has stated that he did not disclose every fact be ore the police, but disclosed before the Mag'strate. In para 13 of evidence, has stated that there are 4 rooms 'm their house, in one room, he’went for s1 , in one room, his father went for sleep and in one room the accused persons w t for sleep. He has further stated that when his mother called him that his father ' vomiting and has passed stool, he went to that room and saw that vomiting an stool were lying there. In para l4, he has stated that he did hot disclose the of committing murder of father to his P.T.O. t e t XI—HC—7 8 WW 3a H15 Gr. Q’Me. xij’/ zo 9 mm‘ H? 200 ' wws- XSEAW WW(W) ‘WWW WWW WW§WW mmwm %3T%11T311%¥T @em£ uncle and he did not know the reason of not disclosing. Aiier death of his} father, he went to maternal unvk to call him. There he and accused persons told them that his father Ishwardin h died on account of dysentery and vomiting. He; has further stated that because he ‘as nightened: therefore he did not disclose this fact to mybody. He is the o witness and evidence of this witness is l wév%g. At one place he has stated his statement under Section 164 of Cr.P.C. ' his father and Rammresh pressed neck thsat he saw the accused persons of? his §ather whereas before the C he has not categorically stated that in fact he saw Ramnaresh" pressing neck f his father and assault being made hy Rammresh and his mother Sumari bai. In para 8, he has stated that in the morning he saw stool and vomiting f his father, in the night he had no talk with a Court and there is no other evidence to corroborate the evidence of this witness. Therefore, it is not safe to place reliance on the evidence of this wimess in order to hold guilty the accused-app llants Ramnaresh and Sumariabai. The fact remains that Ishwardin died on aec of strangulation and there were injuries on his body also and that has not been explained by the accused persons. Accused persons were not the only persons ‘ the house. RW. 5 Iagat Bahadur was also residing in the same house and the se was not in the exclusive possession of the accused persons, therefore, it is ult to raise an inference that the accused persons have failed to explain ho deceased sustained injuries. They are me persons responsible to cause death of shwardin. For the foregoing reasons, re is no clear cogent and legal evidence available on record based on which the accused persons can be held to have committed murder oflshwardin. Therefore: they are entitled for benefit of doubt. PTO. a g o o u ' c e XI—HC—78 Hmm mmm‘gm Cr A Na Lp9 [$00 N 15:37 [QODV W 200 t WW§WIM %a1%q3n%$ WW (W) Wwm WWW wwwm in the result. appeals succeed and the same are allowed. Conviction and sentence mposed upon accused appeilants under Section 302 as well as Section 201 of I P C are set aside 'l'hev are a 'tted of the above charges. They be set at nigertv forthwnh {not required 1n any ther case. Sdl- ‘ L C BHADOO l Judge AL, i i F,< i Sdl— Judge %\\N\ P.T.O. @