CF0000062998 IN THE HIGH COURT OF JUDICATURE AT JABALPUR [M.P.] Criminal Appgal N0_C§‘C [2000 Division Bench \‘nmmv f - LCRIMINAL APPE ALUfS 374(2)0F THE CODE OF CRIMINALRO CE DURE) Rest lalggtnami S/o Shri Shivf’argl Satnami, Age about 45 years Rm Kotwa, P. S. Sarsiwa District Raipur (MR) ‘ Appellans (in jail) VERSUS ‘ ' State ofMadly Prudish P S SarsuvaDxsmctRalpur (M P ) Resgogdent CQNVICTION SENTENCE R1. far Life Impshmant and RS 1000f- fine in dgfault ef RI for 6 monthg/ \ %!99 %>a State neved of MP b the Vs Jud Reet ement ia! dated passed 27 I by 4 i the 2mm learned m S Second T No , / Addltlonal Sessmn Judge Baloda Bazar Distnct Raipm‘ M P Shn J S ' Verma convmtln and sentencm as mentioned above the a allan grefer this aggeal on the followingfacts and grounds ) z \ t § 5 /, XI-HC—78 WW,WWrm ‘ C4K§/65z ‘WW Hi x2000 ".-wr‘.__. n WW(W) @Wm mmwm WW§WW ’ émf§mm ' l DEWSSmN EENGH : HGN’ELE SHRI L C BHADOO& HQN’BLE $HR! DH!RENDRA WSHF‘LA; dd, cnunsei for the appellant Lawyer far the State. judgmemt 0f ccrwlctlon and male! by the ll Additional Sessions Judge, Sesslom Trial %\lo.343/19§$ whereby the holcingthe accused,’appellant guilty, for $ukwarabai, under $ectians 302 9f inprisanment lei life and to pay a fine of iine to funh‘er anderga Si. fer eix trief, is that aceuseti Reetial himeelf Sai‘seewa to ‘l‘ne effeci tha‘t en 30m food frem hie mctner, on which his ale, whereupon he aeked her ac to ;eteble, then EEukwarabai replied that ”6 G2 263? Ms. Nn‘upma Bajpai, learned Mr. MRS Bhatla, learned Pare! Oral judgment dictated on dais l ‘F , l ”a? L (.3 Ehadna J Thl$ appeal is directed agalastlhe of 3entence dated‘Z7A2QOO pas$ecl § lialecla Bazar, Districl Ralpur in Additional Sessions Judge after mmmlseian cf minder of his mether ihe LPQ senlemed him to underga mf Re, 1,0-‘3QL, in default of payment menths. 72, Case of the proeecution, in iadged a report in fhe Police Station April 199-9 at about 9.30 he demanded nether gave him half-baked vegefa why she has given him haif—beked ve P.T.O. XI»HC—78 EW,W,W Why he is hara$$ing her only a amused He attacked his mother of which neck. 0f Sukwambai wa intémation {EXP/19) wa$ regist‘ $a€mn 302 of the ¥PC and b ased on that, First infermatian Reeort (EXP/18) was, reg§stered. After registmtion of’crime, the investigating effieei' left for the seene of occur o to i‘he Panchas, prepared the im west (EXP/M) of the body cf deceased Sukwarabai. WhSk—z in scolice CL stody, the accueed gave memorandum EXP/1 regarding weapon of offehce i.e. eickie and axe and in pursuance of that, the same were seized ur ider EXP/2. Bioodsteined and plain soil the place of occurrence under EXP/3. was taken into possession form Bloodstained ciothes of'the accused were seized under EXP/4. Clothes of the deceased were taken int o possession under EXP/5. Site plen (EXP/7} was prepared. The boc y of deceased Sukwarahai was sent for postmortem examination to Pr imary Health Center, Bilaigarh under (P.W.i’l) conducted postmortem and Ex.P/8—A where Dr. Nareyan prepared the postmortem reportt EXP/15. in which he opined that cause of _ death was cutting of blood vessels, trachea, nerves, esophagus vertebrat l i r i r l i l r i r i ”1d not t9 hey wife, which infug'iated the with sickle (Parau!) and axe, as a result s cut. 0n the baSES of informatien Mes’g ared for cummission of offence undei' 'ence ahd afte¥ giving netice (EXPH B-A) P.T.O. _wev.n_._. Wm QK‘o'o@.:/06.$éo.oo H? 2000 E mmm WW(W) WW§WW WWW 5,. mmwm %arFr?mslr%H XI—HC—78 mw,m,m mWe ./.é§_.6... . an; 2000 mm(W) A rv-wg a XI—HC—78 mm ’ ..C/.zf.'.’§;./é§£... H1 2000 EW,W,W WW(W) WWW WWW mmmm WW§mW ésmm —‘wrs-u_‘‘_ law of the deceased and wife of th has stated ihat the a¢cu5ed atta committed her murder, as aLw from (PW-11} who has stated that d‘ga \ natuge, u it is estabiished that death of ?. As fa? aé invowement of the z is camemed, PW-1 Urmi!a, daughtt the accused; who witneased the cri: at about 11.00 am, 5he wa5 at h vegetablg to her mother-in-iaw to vegstabte and gave it to the accuse vegetable is not cooked preperty a3 picked up the sickle and-attacked hs She being frightened ran away. in the detehce has not been able to el the evidence of thie witness PW. aecnsed gave memorandum Ex. P/ Le. sickle and axe and in pursuance EXPQ which bears his signature. E )r. Narayah (RW. 11) has stated that e accused, whc witnessed the crime :ked the deceased 'with sickle and the medical evidence of Dr. Narayan th of Sukwarabai was homicidal in Sukwarahai was homicidal in natare. accused/appellant in crime in question ar-in-law of the deceased and Wife of ne, has stated that on the fatefu! day er restdence, her husband gave the cook, her mother—in-law cooked the al, on which the accused said that the the same is not tasty. Thereafter, he r mother—in-law with that on the neckl the cross-examination of this witness cit any circumstance which discredits 2 Ganesh Ram has stated that the 1 regarding the weapons of offence thereof, the same were seized under P.T.O. k XI—HC-78 (L V/‘\ / / mwfm, W W W ..W.‘&Jul.émv. W 2000 mwm m‘mm mwm mm<W) WW§WW é:s?f%w:m%¥1 on 30m April 199.9 he ‘conducted p‘ Sgkwarabai and found that trach$a wéjre c‘ut, the nesk was aESG cut, the ca‘use‘ of dea‘zh was injurie$ to‘v hemarrhage, asphyxia and shock. ‘« " possks !e to sawe the injuries foun Therefgre, the evidence of PW-i U evidence cf Dr. Narayan (PW-11) invoivement of the aceusedfappeiiar Looking tr: the manner in which the eeadiy weapon on her neck with instantaneoue death due to cutting o‘- ei the neck, we are of ihe consic accueed i5 based on ciear, cogent a any iiie‘gaiity m- infirmity in the iudgms 8. dismieeed and is hereby dismissed. Sdl- in the resuit, the appeai be asimonem on the body of deceased wae cut, iarge vessels of the neck bones of neck were aiso broken and tai parts of the neck and due to He has further stated that it was d on the necig with sickle and axe, rmile is corroborated by the medica! Thus, in View of above evidence t in crime in queetion is established. accused attacked his mother with a such a force that resuited in her trachea, iarge vesseis and vital pane ered opinien that conviction of the not legal evidence and we do not find int of the trial Court. ng devoid of merits is liable to be ” L.C.BHADOO Judge Sd/- DHJRENDRA MEI-RA Judge P.T.O.