H|||||HI||||||H|||||||||||||\ l| CFOODO Sentenced to- m$ Ham 1‘- Under sect1on~g $TOE0'f§. me to the prisoner that 1f he states or w1shes to be repreeented by leg he Appellate ( our! W111 not preceed w1th the base for sevem days unles egal practmoner appears If the legal pract1t1oner does not app 1th1 seve e may not heard at ally Ifthe prlsoner states he does not VH to be rere legal practltloner the court may p1 e’ at once wn the cas a o oblxged to glve a hearlng to any legal ractmoner who should aear p d al t s l e 'Wn n h t t S p- e h e nd w1ll nt be p pp ‘ ate o Apphcauon or coy of Judgemen ate on wlc coy recewe Date on whrch Appea Se hether the pr1soner W; es to be represented or not — Yes / N W h o D f f p t D hh p d l nt ogather whwh a co of udement or oldie? assgdaln a‘ for vogr— §fqn- t py Jg gegsg f a f?as vlon to te proper ppelate ourt. ’ ML sasaattetis‘e’he S, Fowed‘ to the r‘ard e te o rceipt nuAppella't‘e Cour A ¥ _‘rg_.A# ?130g§.~ 32 {© s h Al C e. Da f e i t: ) . XI-HCv22 ‘ Coda uf Criminal Procedure again rtu undergo tmprisanment for hfe a payment of fne‘ t0 further undergo V DWI$£QN BENEH HON’ BLE SHRI L G BHADOO V ‘ & HON’BLE SHRI DHIRENDRA MISHRA JJ { CRlMlNAL AP E L NQ. 2433 of 1998 Ku Sangita Mlshra learned ounsei forthe dppeliant onal Public Prosecutor and Shn D K Gwaire !earned Dy CA far the resp ndent/8tate Shn U N S Deo laamed a = VORAL UDGMEN . a (22 04.2%8) Per LC. Bhadoo , J d _ / Theappena'nt has praferrsd, his appear under section 3?4r(2) of the the judgment dated 5.8.1998 pa$$ed ‘ by Additionai Sessiah Judge Baiod Bazar in Segsmn Trial NO 498f199? corwxctsng him under sectmn 802 o the Indran Penal Code and sentencmg pay fme of Rs‘ 1,0GOI- m nefault of I for six months; t on 25 11 199? the accused rammed , from Bhenal aiong With hr5 family embers 1 e Wife Nrrasha Bar and chrid and after leavmg his Wife at vrlta e Goda ha came. to his hnuse. On. 26111997. When brother of t 2. ' Casae ofthe prosacutmn Is th accusad namelyV‘Jageshwar PW—6' / l >; lam-“wan f: F‘“ "‘~ r d m T» h' Appeliant R dhe’shyam V Respondem 5 ate df Madhya Pradash XI-HC-ZZ « mm QTJQ 9M33/qg ., ma s ‘ WW1§1®€IW %a1i‘?cmané31 returned from agricultural feld atr ab \ 1 With hrs family members In hie house and thereafter he went to the pond p for taking bath He returned from t r I body of Nlrasha Bal In her room Accused was holding Sickle In his hand there The child tnformed him that, faccused had committed the murdel of his mother On Inquiry from the ‘ accused he did not dlsoloseanythlng. Thereafter, the matter was reported ”t0 poiice étation Palari. j :regietered the FIR Ex. P46 and pro giving notice Ex. P—B to the Panohaa the investldatlng Qffcer conducted IBlood etamed and plain sod was taken Into possession under Ex P—Q frorn‘ ‘the place of occurrence Thereafter and the child of the amused was Station H {inque3t on the'ocdy bf Nirasha Bal dead body wae sent for post mortem' exammatton to Primary Heatth Centre Palarl under Ex P- —A where Dr 1 F R Nlraia (PW-1) conducted the pa \the pd5t‘mortem report, Ex. P-1. 3. . During pohce custody accuse Investlgntmg Off'cer PW—10 In pur gnndmq stone sickle and pipe unde 4were cent to Forensic Science Lal report Ex P—23 was received Anew sheet was fled In the Ceurt of Addm hBazar who m turn committed the he pond at 5 p m and saw the dead ause‘aomcér R.K. ’Laiwani (PW-1’0} needed for the olace of incident After and prepared inqueut report Ex P- out 2 p m he saw the accused alone ' et mortemexammatton andsubmttted d gaue'm‘emorandum‘Ex P-10 to the suance of which he got recovered r r P—11 Thereafter recovered articles i toratory for examination from Where ompletion of the inveetigetion charge Bnaf Chief Judicial Maglstrate Ba’loda ,aee to the Coult of 3eeston Judge Ralpur from where learned Addmon l SesSIon Judge received the caee on r tranefer for trial I [neared : accusedfappeiiani examined ae m accused wee also recorded undei Procedure m which. he pieaded hie crime in questien and stated that h return he sawthat his Wife was deé ’5. Learned Additional Session bath‘the parties has convicted an mentioned in paragraph’one ofthis d n _ 6. v We have h‘eard ‘Ku. Sa ‘ appeiiant and Shri U N S ‘Deo A i o ' Gwaire Dy GA ferthe respondent tate any as 11‘ witnesses Statement of the 5ectlon 313 of the Code of Criminal i innocence and false Implication In the e was not at the restdence and after his a d: Judge after hearing ieamedcouneel fo d sentenced the accusediappeltant as, judgment ta \Mlshra’ learned counsel vfor the tional Public Prosecutr with Shri D.K. 7f Homimdal death of Nirasha at 13 not in diapute 8. ’ As far as involvement of he accusedfappellant In the crime In questlon Is concerned In this cas almost ail the Witnesses have turned hostile. PW~6 Jageshwar, brother fthe accused wholodged theFtR Ex. P46. has also turned hostile and even in the "crossuexamination by the Public Prosecutor he has denied he portion of the FIR P46 and stated that he did not see the accused h din’g' sickle in his hand and the accused ’had not told him about the death o Nlrasha Bal He has further stated that s accused was standing on the ga e and there was nothing In his hand Other \Mtnessee Le. PW—3 Phooyatl, PWu4 Mamram, PW5 Sukhiram, PW-6 Jageshmr; ‘PW-t‘ Shhr K mar, PW49.‘Ganesh 'Ram and PW—11 Punibai have turned hostile and-n t supported the case of the prosecutton. a [ate 'éfea‘l r I XI—Hc-ez” anae‘mewfan mmnfeetm ’ emm 4. Prosecution in order to eetablish the chargea‘gainst’lthew ,XI—Haz c WW wW r $afcmané¥r . :khitam have nut, suppowed‘the case of V the prosécution to the extentkth‘at Even' Pw-4 Maniran; am Pw—5 sl PW-m and theyahavg staied that 'in${ance of the accqsed. Mareeve gestabHshed on tEe évidehce R KLatwam the accused cannci be convncted on the basts ef satd 1 recaverybecause there l$ no ser at thetime atvcommtssien of the crime in question. Thejincident is‘said t0 have taken piace during 2 tel-5‘ pm and the accused has stated that he waa not at his residencejtherefere, for the faregomg reasene we are of the c ansidered ropini'on‘ that there is not even / r Iota of evidence ta cannect the app l court cenwctmg the appetlant under, seetion 302 ef the tPC and eentencing him to undergo impriaonment for iife andpa’y tine of Re. 100%, it default to further undergo Rt for six monthe, cannot be ‘suetained. 10 ln the reault the appeal Sut ceeds Impughed Judgment of the tr i Court is set astde Appeiiant is acqmtted of the charge leveled againet him He is directed to be set at liberty forthWith tf not required in any other caSe Sd/— L.C. BHABOO Judge atagtsts report to show that the blood preeent en sickte, grinding stdn’e and pipe was the human blood and it wae‘of the bleedgroup 0f the deceasedsThere is ne'eigidence to ”shew that the accused was in'the house accmed’ gayé ihfhn‘m’atian to'the 3H0. evén recavery was not effécted at the ' even If the reccvery 0f the weapon ts 3f the lnvesttgatmg Oft‘cer PW—m ettant With the crime m queetton /9. Thus the fndmg af the trm L/mxe