‘ ‘x11-1 39 / (Jam ‘C J P R.11/94/2,006 gr» V CFoooygso375 /, V/ F3 I, APPEAL OF PRISONER “ a V ' \ (/J i(~ Name 315—70177} C. QQan 4‘” 7/ / ¢No Fatbérsname ' V- qQx? >4W<2J§l .1 9x / Q2. Cbvm gr C}! L/?§Z x iRySldenceIL‘JéiU‘ MYEDW «(iiwjAge .§Kf (KW .. .‘ . .. ' ’ '5' 1xsentenced to (91M ./ 6171~Tg7i7 ..c x 4,) J5L 2QgWl£r§€§.{?/.¢.;...-by‘9i7.f17.c..%. VZ 47C/..€i}/4IC/4/ C/WL‘V. 1 ‘l , I, W ”Under section , ’ . ' / AW mn—W(myj It 1s explamed to the prisoner that 1f he states or w1shes t represented by legal ; r practitioner the Appellate Court w111 not proceed wrth the base for seven uays unless the legal practitloner appears If the legal practttroner does not appear w1thm seven wxsh be i’ jj « days he may not heard at all If the pr1soner states that he does not wxsh to repre- K 2 ‘sented by legal practmoner the court may proceed at once wnh the case and wrll not be obhged to grve a heafmg to any legal practltxoner who should appear A l l Date of Application for copy of Judgement Mr which éopyreceivéd 2 Date on 3 Date on which Appeal sent'......,..... .. .. 4 Whether the pnsoner wrshes to be represented or not - Yes / No No o1 as _. .t Name era “Ami >/c $71 emf ,Confinedm («Dvaéy Jall V/’2/-g(\(?zja/ .. ‘ $33 %’?#J¥ - Dated. ON/de/w? t l L Forwarded to the CI-HEF%U9¥GIA-Ig—MAQ18TRATEJ77$5H§O «(/L. .. J . . ‘W’ "" ”sea 771 ”G w ‘ togather whlch a copy of Judgement or order passed 1n the r1”? case or favour of trans- r mrss1on to the proper Appellate Court. VGCF7 t ., b I NO wtDig/2;) G ' Su ermterad gt ~ 3W7??? WW / I Supermten en , . ”gram ratQgmpur..gttt £31..“ ”are __ Date of receipt: inf. office - Date, of receipt record to accompany the W Memo of‘Appeal to the Appellate court /\ No 7 F; Dateéwm”mun“ .n Forwarded to the I ,L, Date of're‘ceipt in Appellate Court XIvHC-78 ia; wdia) mem im ‘ ‘ ' éar *mwwwn “am w mmmasn mm Wma ' ’ & HON BLE SHRI DHIRENDRA MISHRA JJ RIMINA A EL NO. 2386 of 1997 Appellan t v eondent ‘ Rsp Sh Bp S Advo h Sh a learned counsel fr th appell " Sh U lea donal Psecutor Sh Bha learned for the espondeSta ( £006) ' his al Sci t By t ppea under eon 374(2) of he Criminal Procedure e, the ccused/appellant ha uesioned the legality, propret and Cod a s qt iy crrectness of the jugment of viction d order of setence daed 1.09.9 passed by earned Ad ona Ssns Judge, angir Distt Baspur i S.. o. 13 e te learne ton Session Juge fter holding he acu ppan guilty for the ommission offenc uer ection 302 o th IP for ommting‘e murder of o Phool Ba, stenced im t ud ipisonnt foli'fe. Ce of ose n i, i h P-1 htt L a rt as the prcution, i bref tat .W. Mea’r al lodged repo Ex.P~1 in the police station Janjgi on 11.06.95 at about 7.00 a.m. to the effect that a day before thereto, at about 10.00 p.m., he went’for thrashing l l l i mm . i : Wm mm W mwww DlViSION BENCH: HONE LE SHRI L.C.BHADOO CL F PA n V D alal r c e Wit n R K Tlwn o é ant 1 n N S Deo rned dm Public lo With rl M P S tla P L rnt/te 1 ORALJUDGMENT ‘ 2 42 UCBhadoo,J o d c n an n t 1 , 17 l d il esio Jj, ric ‘ il n T N 3/95 wh rby h d Addiial s d a t csed aellt c of / e nd S f e C citth ne i en h o ne o mrme ri Xl-HC-78 mm“ CwA:..€k.-..23$g.i% y i ‘m anésmithaia? amméam mamaafaaa) ‘ mmmaanéa WWW§wW -2- #wma . ° paddy ieaving behind his wife Photi Bai and daughter in law Parvati Bai at the residence. When he was busy in thrashing the paddy, wife of Mohan raised screams and said that there is commotion towards his house on which he rushed to his house and saw that his wife Phool Bai was tying dead on the cot and his daughter in law Parvati Bai was weeping. On enquiry, Parvati Bai disclosed tha‘ Amritlal Sarthi came and demanded Tgbacco and lime on which Phooi i replied that there is no tobacco and lime Whereupon he assaulted P ool Bai with pick-axe on her head. Receiving this report, SHO of poii e station Janjgir regietered the crime No. 296’95 for the commission of ffence under Sectignt‘3‘0‘2' of the IPC. left for the scene of occurrence and got prepared site plan P-3 by‘the alka Patwari. He took into possession blood stained soil and plain soil fr the place of occurrence. After giving notice to the panchas. the lnvestiga ing Officer prepared the inquest report P-7. Body of Phool Bai was sent for post. mortem examination to the Primary Health Centre, Janjgir wh re Dr. Arvind Dwivedi conducted the post mortem on the body of Phool Bai and prepared post mortem P-6 in which he opined that the death occ rred due to shock as a result of acute, extensive head injury. Mode of dea h is homicidal. The pick axe was sent s opinion P-10. On bush shirt of the accused/appellant was taken i to possession under P42. The Investigating Officer prepared t site plan EXP—261. The recovered articles were sent for examination to the Forensic Spience Laboratory, Sagar from where report P-25 w s received. After completion of the investigation, the charge sheet was iled in the Court of Judicial Magistrate First Class, Janjgir who in turn com itted the case to the Sessions Judge, Merg lntimation l5—2 was recorded. for doctor’s opinion and he gave u a e o i h mmT-a; c;AmigaWww/ mwW(W) ‘ mamm : mmmm WW§§MV§Q§ ' mamaanw #3— *Wma . Bilaspur from where the learned Additiona! Sessions Judge, Biiaspur recéived the case on transfer for tria .' K Thg prosecution in order to establish the crime against the accosed/appellant examined frft e_n Witnesses. Statement of the accused/appeiiant was also record d under Section 313 of the Cr.P.C. in whighjw denied the prosecution e dence appearing againet him. Learned Additional Sessrons Jud e after hearing the counsei for the’ parties éonvrcted and sentenced paragraph one of this judgment. We have heard Shri V. D. Bajpai, . Advocate with Shri R. K. Tiwari on behalf of the accused/appellant a d Shri U. N. S. Dec Additional Public Prosecutor with Shri M.P.S. Bhatia learned P.L. or the tate. Homicidal death of Phool Bai is not is dispute. As far as the involvement of accu ed/appellant Amritlal in committing the murder of Phool Bai is concerned PW 10 Parvati Bai the daughter in law of deceased Phool Bai who as present at the time of the inCident has stated that in the night at ab ut 10 00 p m after takmg their meals she and Phool Bai were going to sleep, her father in law had gone for thrashing paddy and her husban who was working in some truck as a labourer was not in the house, that time accused/appellant Amritlal came into their house and demand d tobacco and lime from her mother in . law and when her mother in law r lied that there is no tocco an lime, . p ba d ’ r f S t m§qi$ C(A. .u;.2%8%/ mmmwgdiaaa) X sP/FS/2005 20 ‘ Judge .‘ Judge ‘ 6y w