Father’s Name \ a m“ W " rm Sentenced to " ’ r z ‘—’ ( on ‘ 7V _ i 7%}? Ag6& E Underls‘acuonkvl :2 r’ c . by “83% F" wr- (H3757? It 1s explamed to the pnsoner that if he states or w1shes to be represented by a legal pracntloner the Appellate Court w1llnot proceed w1th the base for seven days unless the legal practltloner appears If the legal practxtloner does not eat within'v'seven days he maybe heard atall if legal ptactitioner the court y roceed at once with the case and .will not be obliged to give a bearing to :n p No; “>2 LL47 ‘ it 7g / Yes/W No. 8e L Name Wam— i ’ Sj9‘ - ' ' l ontmuedln Jall No g :2? Dated 3 I‘ g Forwarded to the CHIEF JUDICIAL MAGISTRATE Mr tegether. vuth a copy of Judgement or order passed 1n case for favour of ansmission to theeproper App’lleate Court. 333‘ ”W Su pennte$eng§e Wub—Jarl Ell'Wnqr l giaate of appllcatron for copy of Judgement - 2 Date of whlch eopy recerved - . Date on whlch appeal sent - ,_ I V 4 Whether the pnsoner Wished to be represented or not - o r 7 Date ofreceipt in C. J. M. 0&ce. Q y )t q’y Date of receipt of record to accompany. Memo of Appeal of the Appellate Court. No. 2. 1 dated") Lo“? :Forwalded to the ¢%q— 6\ \g‘i§EJ'\ T H um @l LAA, § R MAGISTRATE (“are era z) WE}: WW Date? iof receipt in Applieate‘ Court M. o, 7 7 . " p C e r r v . t H cFoooooiaiorz;(r)'i,i'r Ill i Cy (A 8 z\% APPEAL PBISON£R r V $‘7N3w ' 230 74’ Eame XI—HC~22 WWwWg—Qg {w DIVISION BENCH - HON'BLE ska: L c aHAbob AND E555 SHRI DHIRENDRA ’AISHRA 3.7. 23-2a2006 r $Mi Akhii Mishm coun 1 a ‘ 5hr: U N S Dee Addm mi Pubhc Prosecufor' wrfh Shm M P S Bhu‘l‘m Fungi Lawyer for +he 5 a‘l‘ef resgaondan'l' ' §_ OmiJudgmenT dici'afed n Da/s. PER L.c. géADco J" Qy‘ fhis apgeai Jnd'er S fio’n 374 i2) of +332 Cr,#;C. a¢cusedl appeihm‘ Mé?imm has ques'rion d *rhe £egu5i'ry and correcmgss o‘f fhe judgmenf of conviction and \ar er 'of sen+ence da‘red 5—12-97 passed by iaarned 3rd Additionai Sessi ns Judge Jagda‘lpur in Sessions Triai No 230/96 wherehy Ieamed A dl‘honai Sessmns Judge affer' holding fhe accused/appellan'f guxH’y for- comrmsslon at Offence under Seam: -02 fhe I.P.C., 3 foriife. i for 41a apneHan-f fercecl hm .a undergo imprlsanmenf Case g‘F fine prosecu'fion s 'H‘m‘l' on 1-2-9$ in between 7.30 Te 8 p.2m. when Basram (since decea d) was geing in fron‘r of fhe houée‘of accused Gahgamm, 6angamm and accused Motira‘m were hiding fhe‘mseives’b’e‘hina‘ The Mnhua ush. When‘Bnsmm reachedvnear The wa? s .~\ e I / r m 331% FF m H msyen€$r * ’ ‘ 4 - Wé¥tmm? W$3 ‘ ' V r mm fevers-{m , % whim XI-HC-22 ’W’m bush; 50+}: Gangaram and Mo imm afarfed a-Huéking Bawan; wifh wooden phnk and dub. Hearin The tries of Basram, wife of Bnsmm, Easanfi and Shivmm'cuma cu? of fhe hause and saw fhd‘r‘i’he accused persons were assaui‘i'ing 1+;é d5 mused. The merg infima‘i’ion Ex.-P/2 ‘was given by shivram in The police sm‘rion Donfewadu. On receiving ‘ V fh§s~merg infimn‘rion, $.H.O. poiice simian Danfewadd regisfered {irime No.14 for éommission of offence undgr Sec’rion 302 rmd'wifh Section 3410f The I.?.C.,elef1' for The scene cf oCcur-rence, éffen giving nofice 1'0 +he Panchqs, prepared Panchanama Ex.-P/3 of fine. body sf fhe deceased. The daaé body was sen? for posfmerkm exemimfion fo‘fl‘he Primary Hear} pgs‘rmoriem on the body 0f 1412 deceased and prepared The postmortem repor”: Ex.—P/4. The wooden piank and club were an? for i'he doctor's opinion under ExwPflEen which fhe doc'for gave his opin o § 'rh Cehfre, Denfewada where Dr. 5. K. Dhagamwar conducfea‘ i’he n Ex.-P/5. The si‘te pkm Ex.‘P/’7 of the place of occurrence Was pm pared by The sub insipecfor‘.’ The piain soii and biood shined soii wus ‘mken in-i-o possession from fhe place 1 of occurrence under Ex.-P/3. Based on The memorandum Ex.sP/10 The Badge was recovered a'l’ *l'he instance of Mo‘rimm. Based on memorandum Ex.-P/12 onofher wooden plank was recovered at fhe insfance of accused 6unga under Ex.-P/13. The cio'ihes .of ’ accused Mo+iram were faken i ‘i'o possession under- Ex.‘P/14. Afier’ [View ‘ _ Wm ' ¢ W 290 wWmmE’fm V ’ ’g, WW fwm énqmm . XI—HC—ZZ xrwam @WW mm t mmmww g @WW§WW éamaréw- r _— 3 .—. compie‘rion of The invesfiga'fio , charge‘shee'l’ was fiied agains'l' ’fhe accused persons in The ‘Cou T’of Judicial Magis'rmfa, 15* Gass, who in furn comm ‘Hed fhe 1‘0 The Sessions Dam‘zwudg, comm case Judge‘ Jngdalpur- from where iear w "3” Additionai Sessions Judge, ‘J’agdaipw received me case on-fmnsfer. ‘ V k The praszcu‘rion in 0rd +0 e'sfublish The charge againsf fhe accused persons examineti 6 wifnesses. Sfa‘femem' of accuse& Mo?imm'wa°s recorded under cmn 3E3 of The Cr.P.C. in which he denie& fhe prosecu‘fioh eviden and sm'red ‘i'haf he is innocehf and has been faieeiy impiica'red in e crime. Hcwever, accused Gengamm expired 'during The pendency of Sessians Triai. AfTe’r hearing ' Ad‘di'rionol ?ublic Prosecu‘l'or d counsei for ‘l'he accused. learned Addmonal Sessions Judge co Vic'fed and senfenced The accueed as menhoned m pare—1 of fhis Jud men‘r We have head iearned c unsei' for fhe parties, The homicidcd deafh of d ceased Basram is n9? in dispufe, As far as involvemem of The accused/appeiion? aiong wiTh Gangemm in affucking fhe deceased is concerned, we are of ‘fhe considetied opinien the? in View of ‘ihe above iegai ciinching eyewi'rness evidence and exTr-a judiciai' confession made by The c.c..c... i *\ i i ' ‘ [113%W XI—HC—22 awka‘m W€A§ W accused, involvemenf of fine a::cUsed/appellan+ in crime in ‘quesfion is esmblished. PW-1 Shivram who lodged mermem infima‘rion n1- The poiice sTd'Hon Danfewuda has smfed fhuf §1e and his $isfzr¥in4uw 3nsnn+i were df *Hne r‘esi&éric:. whereas, when his brofher decensgd ‘ ‘Basmm was passing *Wough V accused, accused $angamm nehmd Mahuu bush When *hey, a" cf a €udden appe Basmm. On hearing scream, aiong wi'fh Basan'ri came ou'l‘ oi: fine , house ahd saw fhenccused p rsons assauifina fhe a‘eceased wifh a wooden plank. Same is corr boroi’ed by +he evidence of FW—E ’ I Rasnn‘i'i. Even she has s‘ra‘md The? Panchaym" was convened 'in the, viiiage in which The accused p rsons made exTm judidai confession fha‘r fhev assauH'ed +he decea ‘d wrHn Eadga The ewderce of ‘H'Iese wrmesses sfands corrobomTe by fhe medicai ewdence 01‘ ?W § gr 5 K Dhagamwar who has 5111+ d “Hm? he examined fhe body 0f fhe deceased. There were, in I, 10 mJurIes on The body QT fne ‘ deceased. There was IaceraT d wound above ‘rhe ief'r eye. . There was an abrasion near 1’he inj ief‘r colia'r bone. There was an abrasion on The right eye. There was iacera‘red wound on The occip region deep up to The bone. . There was ano‘l'her iacera+ed wound mad in from of 1"he house 'of me e Mafimm Were hiding fhemselves mm reached near fhe Mahua bush, on The scene and starred a'r'mcking e No.1‘ There was an abrasion on fhe ow 'i'he injury No.6 up f0 fhe bone a [Wis'w ¥ W ‘ a d 5 u i l i Xi-HC—22 ‘ i t l ‘ XI-HC-22 Fa raw. WW farm mam 'Waa l." s Barve injury, The ma‘H’er sfurj'red on u pa mia‘rives, merefore, in vie‘w of 1+ deafh cunnoi' be aTTribuTed To ace mn be affributed. In The circuma Vview ‘Tha‘r if is a fit case in which :mder' Secf‘ion 304-II of The I.P.C.. parHy gnawed The convicfion end In +he resulf The appml is senTence impo<ed on The accuxd/?ppelimT under Section 02 of The T ? C are .e‘r a..:de instead there f The accu€ed ic conwcted under r Section 304-II of fhe I.P.C. and sen‘l'enced fo under-go RI. for 10 veers; I? is sfa'red The? The accus‘e already undergone The seni'ence, which has no? been dispuTed by gamed Addi‘i‘ionai Pubiic Prose’cu‘for 'or +he STaTe/r‘espondenT Thereirore The accused/appeHam be seT GT liberTv forThWTTh r‘ noT requwed m aw oTher case JL Fry dispufe between The Mo close e above fads, in‘ren-i'iun 1"o cause Jsed M'o‘rimm, however,~ knowiedge fences, we are of fhe considered fhe accused shoufd beconvicfed ad/apoeHanT is in cusTody sinée 43" ebruary 1996, Thereby he<has Sdl— L.C BHADOO /, ‘i l so] BA ws‘HBA-T Judge wee D ;[%%fi§‘&’ F ”am ghW ‘8‘»: 2w mm WWTmT®gK mm' .-€ T WWTmT®gK emm ~ is noT dear Thea: which of The accused caused The 'Fa‘l'ai injury. Accused Gungnram had oh‘endy expired, There was oniy one fem!