UMsion Bsnch fCriiT'mai'i L'ffl?^IGH (X)URm OF JUDTCATIJH-! OF K.P. ff JABAPUR . CRIMTTf& APP-iaL W. -~>^\ O? 'ISS9 . SSS^M'^. (t^n fftVt) ^l.^---:- ^ °"--;"^' ^s?r^"--7 A1 KejuFsai. 3/0- Sonairam Sawat aged about 5.3 years, ,/'' a7o- Kalyansager Para, P/S- Bhatapara (T^on), Distt- Ralpur. M.P. ^/ Tersui R;;SPOT?:D'!NT ;Tlih a S'l'a'l'B nf V P ^•IL^ i^^'^,i--'C7 \J'JL A'-»— ) 2-. ./? ><c:. GRBaiiL Sf^SL UND% S'?CTIG?? 374(2) OF THg_GRTyT^ PBOCS-DURI; OSm 19.73 . X'-HC-22 ^5; ^lplRTq, •S^PTS, rsldltiy SIWlI-giI feriqTan^T s';w:fi"ffltg ..&s.:A /53 311^1 •FRnwaltg ^ra?i4R TiTiraf ^ •fs's'i I^SR?R ^StPiPTSiRW Divsson Bench: - Hon'bie !^r. S..C. Shadoo anti Hon'bie Mr. Dhirencira Mishra. 1S-2-2COS Mjss Sangeeta Mishra, co+isei for the appeilant. Mr. U.N.S. Deo, Additiona Panei Lawyer for tfte State/rssponpent Orai judgment dictated on pais. Per L.C. Bhadoo. J: - The accussd/appeiiant ha; and correctness of the judgment 19-2-1999 passed bythe 1st Sessions Trial No. 110/97, iioiciing the accussd/appeiiant 91 302 of the I.P.C-, sentenced him fins of Rs.1,000/-, in defauit of p^ months. where^y ujity Case of the prosecution is Station: Bhatepara at at about he heard the scream of a iady 'q. heard the cries of iadies on whici-f heard" the screams and saw that ofths aceused, iadieswsrewsspfng weecina inside the house. He ac-cused Gayatri Bai (sjnce dece^sed) lying beneath the cot. On enq); J. Pubiic Prosecutor with Mr. M.P.S. Bhatia, a^ preferred this appsai questioning iegaiity of conviction and order'of sentence dated Adijiiti^nal Sessions Judge, Baioda Bazaar, in leamed Additionai Sessions Judge after for commission of cffence uncier Section |o undergoimprisonment for life and pay a s^yment of fine to further undergo R.i. for six (hat on 15-4-1996, Shanker informed Police p.m. after teking meai he was taking rest, feve Saye' from behind his house and ateo he rushed towards the side from where he ;|>ersons were coiiected in front ofttse house and daughter of the accused Uma was elntered the house and saw that wife of the was iy'ng on the cot and btood was ^ip/ from Ramias, co-brother-in-iaw of the '[ift^tfia^ -'•)' G' Q" o o o o XI-HC-78 vj-TO(--qj<(lrt<j, &.A.^°f/c?7 3IT^?T (racF (^clfjs)^) an^aTqsiR-ii* asiTsn^?Tg5^ra; q?i<i?rt^TfW^to4T'^'f^'^ ^f^^'&l^ ^srf^Tgii^sT The prosecution in orde examined 14 witnesses. Stat^nent Section 313 of the Cr.P.G. in Poiice Station. He had aiso possession undsr Ex.P-3 and Ex.P-2. Rest of the evidence he has been faiseiy impiicated i to esteblish charge against ttie accused of the accused was recorded under ^hich hs admitted that he had gone to the adi|iitted mat me carpenter axe was iaken into h|s ciothes were taken into possession under denied by this accused and he stated that inlthecrime. his wsls Learned Additlonat Sessi Aciditiona! Pubiic Prosscutor ar sentenced the accused as ;l|3ns Judge after hearing the arguments of 1d counse! for the accused, convictedand menticlned in para 1 ofthisjudgment. The homicidal death of Gsjyatri Bai is not in dispute. As far as invoivement o( concerned, the crime in questiorj none s!se than mother of the on the fatefui day whenshe canli 2-2.30 p.m. she saw that the ctosing the door from inside and| he opened ihs door, at that iit committing murder ihe accuse^ daushter was cut and she was witness, defence has not been ^ the evidence ofthis witness unreli th®accused in the crime in question is was witnessed by Keja Sai (PW-12) who is dateased. She has stated in her svidence that ;an1e from Mandi after teking batt in the tenk at laccussd was aSacking her daughter after laftercommitting the murder of her daughter ii|ne she was residing with them and after ran away. She saw ihat the necR of her ^rithing in pain. !n cross-examination of this ^bie to eiicit any circumstance, which makes lia&le or untrustworthy. Moreover, the evidence medical evidence of Dr. Ramslsh evidence that there was incised )rf this witness stands corroborated by She jsh Chaba (PW-5) who has steted in his tround on ieft side of neck. bone was vjsible, F: ^^\ :" ry n "T? rt'ft 00 O ~" 00 O O •;;-HC-22 ^s? ^irai^i, a^twre, fsRiray sT'^T '•?! ^ =ijs?3a^'i lB-i!";!( ":r|'?TTfci Soma (^•A-SM^ 31^»!6WiW:Hitn -^ biood was oozing out of it; thefe was another 'ncised wound just below the flrst injury, biood was oozing o^t of 1t; and there was laceratsd '.vound on the mandlbte, bone of mandibie vijas visiBie. Gayatri Bai died on account of shock and hafimorrhage. Injuiji natur®to cause death. His repott is Ex.P-7. Eyen the accused has adlmitted in his statement under Section 313 of the Cr.P.C. that the carpenter a^:e, weapon of offence, was seized from him. From the F.S.L. report (Ex.P-tTE even on the shirt of the accusedj circumsttritial |, biood was found on the carpenter axe and Therefore, from evidence, invoivement of the aitcused the auihor of the crime in que^ which the accused assauted thfe deadiy weapon !ike carpenter cause the murder of his wife. ! ^^ Al^ ^i -^;^ n tne circumstanees, wa es.were sufficient in the ordinary course of evidence, ocuiar evidence and medical m the crime in question that he was tion has bsen estabiishsd. Ths manner !R i deceased pn vital organ of her body with a xe, mates intention of the accused ctear to axe do not find any iSlegaiiSy or infirmity in the ment of the trial Court. Th^ appea! is devoid of merit, same is liabte to be d'smisssd and It is hereby di^ Sd/- L.C. Bhadoo Judge imissed. Sd/- Dhirendra Mishra Judge ['1if^ ^fe^ V