.l^^:.%^?^^'.^y-::::.:'-: /- ^£^Ii.,.<^.£3IsosEK—/ NSime , N3.._5'<0 Father's Sa.me c^i ^^ftS^^VfS^ aesl dsnca ^I^~'^LSI^^- on Age _'%o,^a,.^Sent enced to . '^TS^SI "STTPff^T' ^5' -»r»-..^;n-..».,. [;9^y^9^_under Section 'a'OLa.L:§g3y^c:fcy-%Jflk."^3l3^^^:|>., ^ - \J —• S.T.Ifc. «2,6 It is explained to the prisoneE that If hs states or Wishes to fce repcesented fcy a legal prdcti.tionsr the Appel.l.ate Cfcuct vill not pcocesd viith the fcase for seven days unleas tbe legal prdctltioner a.ppeai's. It the l.sgal practj.ticnar does not appear with the seven days he ma.f fce hedrd at a.U. if the prisoner s-cates that the does not wish to be jcepr;:;s..:ntsd fcy legdl prdcticner the Oaurt cnciypEoceed at once withthe ca.se dnd will not fce cfcliged tc jivs d hearing to <any legal proct-• iticneE ^ho shculd appear. . . 1. Dat®of dpipliaat.i.on for copy cf judganent : 2. Ettts of vhich copy received i—fT' il'^4— 3. Date on •whlch Appelisent ;- a-.7»jl'3-t) 4. WbetheE the prisoner wishea-to be represented.oE not ;> Yesas/^e'. Bb. Sr(8 Name Continued in :-b*t^i1 ^K^i <rl-^HI^ _Jal 1 -3^»^«?^-'^ -> (<<*aS'^-^~ -.—.^.S-.^(-/i2£-fc-sa£ti^-3iy——Dated _?a~^ (i' 5'^ '-* E'OCTdrded to theCHIS' JUDIGlAt IIAJ 33T R«*T B, ,, ^ ,^, ^ ^,,,.. tcgethSE vith d copy of judgsnent or ojCAgr passed in the case fcr favcur of tEansmission tq tha pEofcfe:!: ^pliaite caurt. i? ~*4 1 nl.. /<? rt ^'^^'^ iperi nfcendent.- cent ral/Di stt../ "^PVsWSSi^''' ~ , l/i-—a'i')'?®^ Date o£ csceipt .in C.J.M's office. ^,^<^^^4- Date of recelpt of ceccra of accoiipMiy. Mei(io.!li£ ^pedi of the dppeliiate CX'urt. » Da't ed Poeiiiarded tc. ttt'e _ -./:. ^jyiiiirt.y l;X^t",['';'.< H?6i-L... -S—1.3.3 3-vi.<l4--*-'. "•T'54C<s...l4y ~3~~ C.tT; '•Vr'W\ rat-e- -V" W^;;TCT"?? ^tf '-V -:: '';^ ^w:^S-'s"!^ ^.^^'v • ^' •••, ; . '•:;'"";".; ;; ,„ \. ^ \3 w\ A/i. • ^^: DS* e cf r^ceipt of rtppellldt^,,<3su.Efe. <— y>- n 11 .^"- ^ff •-u. ."./'- ffi'1- "~! 'te "; &,( ;i.HC-;.2 ;?T??I ?RT 'i'?;ri5? sTii^i '^^NT'^ftpf ^^ •<4I^I<"1<4, BTflu'IS, [slMI'My ..<2n..:d.:s.^^ <n»l<»ITaxiich SII^f TOHWHfStT OiyssionBench:- Hon'&te Mr. LC; Bhadoo and Hon'bte Mr. Dhirendra Mishra. «U ctil^^^ft'T tfTq^f '^'-'feT^t <F3t^.K ^; ailigti an^T 6.2-2006 Mr. M.P.S. Bhatia, counsel fit>r ttie appellant. Mr. U.N.S. Deo.Additional P|ubliePr<»ecutorfortheState/re^xindent. Orai judgment dicteited on D^ts. Per L.C. Bhadoo. J: • By ttiisappeal under Secnc^n 374 (2) of ihe Cr.P.0. the appdlant has quesUoned ihe iegality of the judsjment of conviction and order of sentence dated 19-8-1994 passed by ttie 3rf Additional Sessions Judge, Jagdalpur, in Sessions Triat No.266®3,whereb^ teamed Addittona! Sessions Judge after hoiding the accused/appeilant ^uilty for commission of <rffence under SecBons 302 &307 ofSiel.P.C. s^ntenced him to undergo imprisonnrent tor Kfe, and to undergo R.i. for three ^earsand pay a flne of Rs.500/-, m defautt of payment of fine to further |jndergo imprisonment for flve months, respecUvely. J The prosecutfon oase, in b^ief, is that Pardeshiram Nag (F*W-1) gave merg inBmation Ex.P-2 to Police S^iUon: Sukma on 11-3-19Q3 at 2155 hours that, on thatdayatabout1700 ho|urs the accusedattacked hlssister Lali on the neck with sickle as a result 4f *hich her neck vras cut and blood was oo?ing^ out of fce neck. Receivitig ihis report, the StaUon House< CTRcer, Poiice Station: Sukmg registered|8ie F.I.R. <S(.P-1), left for the scene of "occurrence snd/^ter giving noticje (Ex.P-3) te frie Panchas, prepared the Panchnama (Ex.P-4) of the dea4|»dyott-ali. While in police custody, fte accused gaves memorandum Ex.P{5 and in pursuance of ttiat, the sicide was ^— ' I__. . ['qt^ ^fo^ XI-HC-22 TE? -i<l'i<ld''1, yfll'y'is, f««niyy t<iNt?(T?ii«)r^).i32:.A.^.5:2^ 280- 3I1^T'5|iT Ki-li'* s^f ^^ •("ifsa chl'4i<r)^ll TH'^ff "^ •fecsf if^j^K ^3]1^IH 311^1 into possession y'nder Ex.P-( taken into possesslon from the steined clothes of the accused w Ciothes of Laii were taken into Laii was sent for post-mortom where Dr. R.K. Kuruvanshi (PW-1 mortem on the body of Lali and tnjuries of Ategamma were prepared the injury report Ex.P-17. Plain soil and bfood stained soit were pi^ce of occurrence under Ex.P-8. Blood i^re faken into possesston under Ex.P-9. pos^ession under Ex.P-IO. The dead bodyof e)sin1ination to Primary Health Center, Sukma, -112) & Dr. P.K. Thakur conducted post- pjrepared the post-mortem report Ex.P-16. exantined by Dr. R.K. Kuruvanshi and he After completion of investig^t of Judicial Magistrate, First Class, the Sessions Judge, Jagdalpur, frc|m Judge, received the case on fransfef' Ition, charge sheet was filed in tfie Court iukma, who in turn cemmitted ttie cass to where. tearned 3rd Additional Sesslons fortrial. tt> The prosecution in order examined 12 wltnesses. Statem< Section313 of the Cr.P.C. in wligch appearingagainst him and stated impiieateci in ths crime. establish charge against the accused ^nt of the accused was recordsd under he denied the prosecution evidence that he is innocent and has been falseiy After hearing ttie argumeni^ learned AddiUona) Sesstons Judge| mentioned in para 1 ofthisjudgmeit' of A.G.P. and counsel for the accused, convicted and sentenced the accused as The homlcida! deatfi-of L4! sustained by Magamma itfealso ncft 1 Is not in dlsputo. Even the Injuries indispute. ; As/ far"as involvement 6f murder/of his wife Laliand atteir(((fing <he aecused/appellant !n eommiffing Ae to commit ttie murder of his mottier s^ [Tfr^tfe^ .:--::- iss' siiT j ^sigw j "57^ifa-T j ^si^nqiaq, 's^ff're, w'ai*f*i< •^^s^ W^T^wRFtHf^r 3 -I 'wiferaN •WRlS^'fest'rfSRiR i? 3!pgi[ sn^i Magamma isconeemed, Pardest^ram Nag ff>W-1), brother ofthe deceased, who todged 8ie report merg intlrr(ation Ex.P-2at Poiice Station: Sukma has steted in his evidence friat on thje fateful day he was at his rasidencs, his resMence is near to the resideijice (?f the accused, hearing the hpise of quarrel he went to the house of ttis sister and he sawthat the accused <wis quarreffing wi his sister. His fatfier, his wife and younger brother were also ttiere. Mother of the accused|Magamma ateo reached to the place of occarrsnce before him. Hs saw i|iat the accused was sitting on the chestof hi3 slster, he was holding iron aic|<ie in one hand and attacked wth fte same on the neck. of his sister; Wher^ mother of the acuised Magamma tried to intervene, he atlacked Magamm^ arso on her neck, back and head with ttie same sickle, blood started oozin^ out of the injuries of Magamma and she ran away. Lali was writhing in pajn. When he, his father and frrother wentto tntervene, the accussd said, "if y^u people wil! intervene, tten ! wilt !d!! you also". Therefore, 8iey were v^itehing tte iriGident from outeide. L^li succumbed to the injuries sustainjsd by her. He gaye merg intimation Ex.P-2 te me Police and based pn jthat, ths report Ex.P-1 was registered. Panchnama of the body of Laii (E)(.R-3) was prapared by the Police. Munnibai (PW-3) .has corro^sorated the evidence of PW-1 and stated in her evidence fcat on hearing ihe ^creamsof Lali she wentthere and saw tfiat fte accused was attacldng Laii <^i her neck with sicMe white siffing on ths chest of Lali. He aiso atteicked h|lagamma on forehead, neck anti tack wfth thesatne stekte. 1 ; Banrai Swami (PW-10), ahether brottier of deceased Laii, has aiso '• / . - _ J _ / . ' oorroborated th6 evidence of PVJ/-1. Bantal Leeta (PW-11), fathsr crf tfie deceased has also corroborated U^'evidence <rf Pardeshiram Nag (PW-1). [T?t^ ^f^ i(i]l^;...»njni—>—- •SS^'^-S- XI-HC-22 •ssi -^ww^, 'dTflti'lto, faiMi'yy m:A:.^5^/'E? s~ •WRf<:iTa*ira) ft^s' sn^r^ir h-tt^i SS^V ?i^i<^-<ilf^fl !!>£ !g fin:;oma v^ ^.y '."•?•- •< 311^1'TCIIiSR ^fel <tii''it<-i'il-i tmsi 4^S Tfwzre ~4-1~ •^ arfigHan^f The evidence of thsse eyewftitiesses ftirther stands corroborated by Uie evidence ofDr. R.K. Kuruvanshi ((fW-12) who conducted post-mortemon ttie botiy of Laii and has stated that |there were four injuries on l^ & right cheete and neck. He has steted tfi^rt Lati died on account of neck injury, haemorrhage and shock. H®has furt|ier stated on 11-3-1993, he examined the injuries of Magamma and found ^iat there was an incised wound on ttie neck of Magamma in the size of 1" x y5", an incised wound on leftcheek, an incised wound cn forehead,an incis|ec! wound on parietai region and one more incised woundonchest. 1 Therefore.in view of ftis oclilar and medical evidenc» it stends estabtished ttiat the aecused attacke(d Laii with a sickte on her nsck and different parts of the body, as a result |of which she succumbed to the injuries sustained by her, insteintaneousfy. T[he accused afso attempted to eommit the murder of Magamma and Magamrjia received injuries on vital parts oftte faody, birt sh®coufd save herself |}y running away from the piace of occurrence. In ttie circumsiances.w^ are of the considered opinion Uiat in view of thisample evidence on recoifii, ttie trial Court has rightly convicted and sentenced th®awused/appell^it for commisston of offence under Sections 302 & 307 ofthe I.P.C. W^ the judgment impugned. Sd/- L.C.BHADOO Judge .. do not find any illegality or infirmity in In the resuit, She appeal is c|evoid of merit, same is iiable to be dismisssd and tt is heretsydismiSsed. Sd/- DHBtENDRA ,MISHRA [^^firt