< ? Cs^< 'X."!- •^>\\ 2-ss^ CF0000064661 :89(jail)C.J.P.R./9~94 .. APPEAL OF PRISONER 5 -S/'^G 3'1 '\ ^ ;^~"-( a. -- 3. ,.-A-W 77. ^ r/T.y...... ^nie^^^g^^^Q^,-?/,^^ ather -,- name -~^.y_^^ ^^ff^ -— ^ - -. - - - 3iide:T.e - - .^^-^. ^^.-^^—- - - --. Age - n^-.d to -<=^^^-^^^^-- - - - on .:- r ?- ction - --.- -- -——' — - - --by^^y^^^^,-^-y- -^wzff^y^T;?-- ' :. i'; ixplained to the prisoner tha-t if he states he wishes tB :.'- i'7..resej'ited.byalegalpractitioner.the appellate Couit will r.^z p^oceed with .the case far seven d ays unless the legal ;);sci:':'!:ionerappearsearlier. If the legal practitioner does not .'pefi.- v'ithins-eyen days he mayno-t heard at all if the Prisonea? ;;,?,t-:.; .fchat he does not wish to be representedby legal practition- ;:h;; court may proceed.at once with the case and will not be .Ll'.ged to give a hearing to my legal practi-tioner who should ay^ '"t? pf Application for copy of Jud^ement^e^^)^^^; !.;^t2 ohwhich copy recei-ved---^cs-^p-/-Q-^-cfvj-- •- -- "'i'te oh^which dppeal sent-^- ~ 'ST2i'?~'s~':a'l~~ ~ ~~ ~ :';..3tber the orisonsr wishes. to b° represented or no' 3,, y' o, - — :;nfin Or :> '."ar ..^r N-ame^®-^t/^/3^^ ?OL~tA^ f7^^ - - Jail- ^V7tTyi:~ •{77^a^^)- ~ - Dated -' - -?-/e/'i'_ii-i?.-€- - +9^—-- - - !':d to V^^r'-Jft^ ^^/•^/-a.-MryT SV^VllJ^ ~/^.W~J^I ^SQ/yC^- -.;r with a copv of judgemen't or order passed in the case for cf transmission -to ths proper Appella-te Court. ^^3 v--?-'- V 5y,B.erdBtgj •-^-^-Jaii- 1 XI-HC-22 311^1 ^iT h-i'M sn^r ?tiH yf?<1 ~3~si '^w\vi<i, axil'M'is, (siciiyy SII^I^RIIWHf^t &IVISION B6NCM:- HON'BLE SHRI L.C. BHA&OQ HON'BLE SHRI &HIREN&RA ^ISHRA !-1 «; a^ =. Tor !l»i isled Smt. Kiran Jain, counsei Shri U.N.S. Deo, Additionifc Bhatio, Panei Lawyer for ths 5ta1 'oday +his matter was for extension sf date of cppeara^ Learned coun.sei for the ob the accused/appeliant has beei|) poyerty he is not abie ro furnish more 1+ion 8 years, therefoce, l|i which learned Additiona! Public Therefor®,arguments for Sy this eppeai, 1+ie iegsliTy of The judgment of con' 14th Jufy 2000 passed by 1+ie 1s in S.T. No.37/98 whereby hoidina ths accused/appeiiant gu| Saction 302 of the I.P.t'., forlife. «bl<<tyl<ill 11*K1'1'^fS^ <Fa|^K ^? SffigiT 3fI^I TT ^^ > the oppsllsxnt, Pubiic Prosecutor > •e/re; for hear-ina on I..4. No.249/2006 iCS. ipeiiant submitted that even though granted bail, but on account of bQi! bonds and he is in detention for jhe appeai itself be hear-d finaily, to Pijosecutor has no objection. pnal disposal were heard. liant has ques+ioned the ?icT!on ssnd orde" of sentence dated acc^sed/'appel Additionai Sessions Ju^ge, Rai9arh Additional Sessions Judqe after llty for commission of offsncs undsr sent^nced him to undsrgo impfsonmant XI-HC-22 XI-HC-22 ^^ •<inMf, ^ww, hv^wy @.. ^ST -lll^|i?l'1], »Ti1<H'i6, '{»I<Y)!'MIJ,< Sfli^^iT sn^?i S^^ich -M[?fl 311^1 ?^<IIWH)??T -^- C^Ni<'1<4lr1 'RTR^ff ^ f^et iFif-W.K ^aiPtfqsn^r ioh The cose of the prosecutio Budhiyar'in © Biiai fodged rhe 5-aranqqarh to +he effect -riiat 'tl qnd &hara(n were at residence. her residence. Ai about 9 a.m. ^ when she returned at about l! Bhuruva was attackmg Dhansai uhansai fell down on 1f)e qrourst ihuruva is kiliing Ohansai'. On hea^i the house and enquired frorri Bhuruva has o.t+ciched bhan.sail ihur'uva. She went near her broif rebor" nsckof &htsnsa! cesused wiffi the i moflier &hansai hcd med. Tnereafts". sH cali her father Shyamlal and back to their ressidence suid shsl fteeeivin9 this report, S.M.O. a^ Invsstigation, ieft for the scen| notice to the Pemchss preparec^ body of the deceased. Based on| the sccused weapon of offsnc^ ins+imce of the accused undsr ), in brief. is that on 4-11-97 PW-ll e^or-t Ex.-P/lS in the police station ttidsiy she and her bro'tfiers Dhfflisa' Stepbrother Bhuruva was alsoat ^ie went to take bsth at the pond, !p a.m., she saw that her brother i^ith a spade, as a resuit of which She' started crying 'come come •in9 her cries, Chandwa came out of her, then "she informed him thct <md ron awav. Chwi.dwa chased ^ier Dhansai, savu the mjuries on the Ipcde sand blood was oozlng out sf it. ke left for ths aaricuiturai fieid to Sycm Bai. But fhey were coming informed •t+ism about the inddent. -tar register'ing case, took up t.he i|e of occurrarscs, cnd aftsr glv'ing Psnchancma Ex.-P/5 of •t+se dead the memorandum Ex.-P/4 given by Is i,s. soctds WQS rscoysrsd ct ths :x.-P/3. The gits olan Ex.-P/9 was XI-HC-22 T^ -^WIvi^, 'W^WIG, hviwy 311^1'iW f?:ii3Fi'3)1^T sn*i ^iT?^ 'WqfrPTR'nT'TCfl'9 fest :rf3R?R ^7srf=gif3n^( postjnorti prepared. Aiiother gite pian Ex.-| dead body of Ihe deceased was 4 ths Primary Health Centrs, Sara^ S.K. Tiwari conducted the dececsed snd prepored postfflo^ opinsd -Hiat the cause of haemorrhsge due to injuries. diemicai exasTiinotiorL to the F4 under Ex.-P/16 and P/17 from ,4fter completion of the i^ in the Court of Judieial Magistra| ^ommitted the case to the fearned Additiona! Sessions Jud^ tr'jal. -y/10 was prepiiired by PatwQri . The ^ent foc postmortem examination To i|ig9Q!'h under Ex.-P/11-A whers &r. I'jnortem on the dead body of the 1'tem report Ex.-P/ll m which he iS as a result of shock and recovered art'icles were sent tor (rerisic 5clef.es Laoorstory, Rcipur report Ex.-P/18 was received. fjivestiuation, charqe sheet Ui'as filed te. 1 ciaas. Sarimggarh who in tyrn whtre Se^sions Judge, ftaigarh from ivhere Fud^ rsceived the case on transfe" for Trie prosecution in order accused/sippe!k"it examined 14 accused was recorded under Se4: dersied •?fts prosecution svideriG^ that he wss mentaliy upaet, •rfi^ aboutl+ie incident, Learned arauments of Additiona! Publid i'o estabiish the eharge against the Iwitnesses. The statemsnt of ~the i^tion 313 of the c'r.P.C. in which he appearing against him sind sTated "efore, he does not know ssnythirig Addjtiondti Sessions Judge after heoring Prosecutor cnd counse! for XI-HC-22 ^S? -^WMtf, s>fll^'16, (»(ivll'My "H^ sn^iqii Ipi'Sfl^I 9iT^(^ -Hf^ff SU^I ^BIRR ^iT ^wifefrt'WRft'"? isczt •rfSnsH ^ arfigiT sn^r accuaed convicted cnd sentencdd ihe accused in th®mannei* as mentioned in pan-1 of This judgm4iit. We havs heard iearned couitsse! for ths parties. Tne. hofflici<slai deal+s of &ha|isai is not in dispute. Learned sounsel for tiie edcused/QCDe.'lsnt argued •riial' aii the wi+nesses have 1umed hostile a|id tfie accu.sed/cippeliant has been convicted merety on tiie grounei iristence, but there is no %roio| with ths death of bhsinsai. of recovery of the S| at his On the o1+ser hand, 5^ Pro;secutor with Shr! M.P.S, State/i^spondent supported the Vudgment of the tr'ial Court- We have penjsed the Jud^ment. The tricl Ccurt hss corsvictsd the accused mereiy on ths groun|d of recovsry sf the spiadeand alsc on the basis of the evidence of trus that a!f ths witnss^s Budhiyarin @ Biiai, who iodga^ -<- *e_ statad that 2 years before •the at her rssidence, she saw thct ijsfs report to connect •the spade ri U.N.S. &eo, Addffiona! Pubiic ir the VV-12 Kari-ikram @ Harriheen. £tis hays tumsd hostiis. Evsn PVi/"il the .report and is said to have ^^ws'tresse^S^'the incideiit, h^s Tumed hostiie. 5he has RO? aupported the prosecuTion ease. As far as evidenee of PWI-12 Kaftikrdm is coii^rned, she has ddts of her syidence.. wher* shs was both the bro'tiers namsly, Bhuruva XI-HC-22 ^^ -lll'tlld''l, »Ti1<H'i6, fsicii+iy sn^rqii R-ii'ti sn^T ^-!icti v^ sn^r ^gTW(ri??i -G-- =M^i<vi'41i HW<^ ^ T&r%l tni-^K ^arfigiTsn^i acdused and t)han3ai wers auarreliinq. Shi them as to why you bro-rtiers are the scena. -5he has not stated that <i®ceasedwith the spade or" she sa^v to the deceased. She has statsd o^iy Mei'eiy on ttse bosls o-f this evidenja, and me fact that the weapon of bsen used by •ttie accused, the ac^isec nsurder of •riie deceased. As far as evidence of PW- stated thct on hearing the cries otf af Biiai, byt she vuas not presen^ running away. He chased, caught h He calied the Kotwar oind theredf" station. But 1+iis witness has aisol not suppor+ed ths prosecution cs^ tShansai in injured condi+ion or th^ hand, rather this witness has s+itec accused and 1+se accused accom|^aniei evidence no inference ean be dra^. crinie sn questwn. Mergly on corroboration cbout ths invoivetfient came out of •i+is house and asked jjuarreiling csnd thereorter she ieft hat the accussd wns attackinq ths any injury caused by -riie accused ti!y thct brothers were qiiarreiling. ;, without reference to 1+ie irijury |offence i.e. spade 'is said to hwe cannot be connecTed with the otr nlf ff-3 5ahdeo is concerned, he has W Bilai, he went towards the house !|r at hsr residence- Bhrf'uva was !d of him cnd he accompanisd h;m. (fter thsy took hini to the poiice been declared hostile and he has ts. Hs has n"t stated that hs saw accused wsss earrymg spads irt his ^ited tha* hs ccught hold of Ifte janied him. Therefore, ft-om •t+iis m fnat Ihis witriess witnessed the the susDi'sion, withdut further of +he accused in crime in omflanied (" .k!:;—,.-.^..UUII.J! XI-HC-22 sn^r^ii h-U'=k Sf^V sd^il^ •^fsa Scr-- ^ ^s; •^w\v\tf, afll.y'is, fsifii'yy question, without legal and clin<j cannot 'oe eonnected with The cl evidencs of Sahdeo (PW-3). Now eoming to the questj first insTance, both -ifie witnessi the poiice obtained their si; recovery is beiieved, there is ncj blood, That too of Ths b!ood qrosi spade in question wittiout which connected-witii the murder of S otiier evidenc®on reeord to the deceased. Therefore, findi^ / accused for commission cf sustained, as the same is not In the resuit. the c^peai conviction ond sentence Judge under Section 302 o\ accussd/appelient Is sscquitted immediateiy, if not i^quired in anf qn4tures basbd awarcfcd Sd/- L.C.BHADOO Judge chT^ 41 T1 TWdf ^'^^ <I^R^.K ^T3lf:tn3T[^I intjhing evidence the ascused/appeliant •ime in question on the basis of the ffl on of recovery of +he <pade, i.n the tS to tiie recovery have ststed That on tiie papers. Even tf the Seroiogist's report 1+iat th®humcn Ip of 1+se deceased, was found on tiie Ifhs recovery of ths spads cannot bs !i)hi3nsai bv ti~ie accused. There is no the aeeused witii tiie murder of di»(g of the tf-iaj Court convicting the miirdsr of the dececsed canrsot be on any tegai or ciinchirs9 svisence. Isucceeas and same is aiiowed. Tne bv iearnsd Additiona! Ssssions the I.P.C- are ss-t aside. The of tiie charge. He be rsieased \i other ease. _J_—- [«^Rrt y