1\ i’ri’W ’i‘\ Iv ., y 1 ‘ B , L '1 I ' CFoooooswzs ‘ 3 , p XII-189nm) r r r I ,;’/ c J P R 11/94/2000 " ,_ . V V Cs‘Aléog 2/ ' _ * APPEAL OF PRISONER [No ‘\g\@\% ‘ Father s name WMW ww w\t§5§§¥'§‘ ‘ i ResidencegQ W\«“§ \Age Q§ I Sentenced to 6 W k§ ( V Under sectlon %'&1e 1 a esI—- & 1 . g %g\ \ _ wmww 95 wwmvw W It 1s explamed to the pnsoner that 1f he states or w1shes to be represented by legal actmoner the Appellate (ourt W111 not proceed wuh the base for seven (lays unless ‘ he legal practmoner appears If the legal practltloner does not appear wrthm seven , days he may not heard at all lfxhe prlsoner states that he does not w1sh to be repre- sented by legal praetmoner the court may proceed at once wnh the case and wxll no be obhged to g1ve a hearlng to any legal praetmoner who should appear , - glvmon Demn \emmuali Name ‘ ... . . l Date of Application for copy of Judgement /' .. .. Date on whlch copy recelved 3 Date OHWhiCh Appealsent \b\§Q 4 , Whether the prisoner Wishes to be represented cry/Yes / No No,.’..¥l§.\o.\$.%........l....L........... . t Name §§é§$wq§v lW gpi \wm\e\e ~ Dated? $ \\o\ 19% .V Cohnned in é 4' a ......... Jan ...... ‘Forwarded to th6£HIEEJ-U-D¥€{-A-L—M#G-Im Qw%. Q§Q 3§t ‘ . togather Whlch a copy of Judgement or order passed 1n tlie case §rkla $%ans- I ' knnssron to the proper Appellate Court. 3H‘Pwyl Vt e ”ti No' %\&\\"\\W\‘l5lo ' V I SnBEfiWE§%\ W gg R §§l éq l , V l Ceugtl .: la‘HLlpur (mt l No ate of recelpt 1n .;. ...;..,:. offlc ate of receipt record to accompany the ‘ ‘Mgmo Iof Appeal to the Appellate court ~‘No- . Forwarded to the. _ 5 _ Date‘of receiptln‘3AppellateCourt/ . — gt 'r t Y ‘ D e D ma. Wmh§f¢®fw €smm i Divisicn Eench: - ' Hon'ble Mr. LC. Bhadoo ami HoHbie Mr}. Dhirgndm Mishm JJX - 3 'i'-3—200& Mr. Surya Kam‘ Mishr'a, counsel for fhe appellahf. ww“ Mr. U.N.S; Dee, Aa’difionai PJblic Prosecufor' wifh Mr. M.P.5.Bhafia,' Panel Lawyer for fhe STafe/r‘espondenf. Or‘al J'Lidgmen‘r dic‘l‘a‘red on £ais'. Par LC. Bhadm if:- By€fhi3 appea! under Sec‘h‘on 374‘ (2) of fhe Code of Crimind! Procedure, 'accused/appeHanf Ma‘fil-a’i Has ques'i ioned iegaiify & correcfness of fhe judgm'enf af conviction and order of senfence éaTed 19-3-1996 passed by fhe Addi‘fional Sessions Judge, Manendragorh,~ in Sessions Trial No.261/94, whereby learned ,Addi’rional Sessions Judge offer holding ’rlne a‘ccused/appellanf guilfy for ' vcommission of offence under Sec? on 302 of ‘rhe Indian Penal Code, senfenced .‘ him 1’0 undergo imprisonmenf for li"e and pay ‘o fine of Rs.5,0QO/-i, in defaulf of i paymenf of fine fo fur‘iher undergo RI. for fwo years. The case of fhe prosecufion, in brief, is Thdf deceased Asho Kumari herself made a r'epor'f Ex.P-3A in Police Sfafion: Moiendr'agarh on 31“ March, 1994 of obouf 1.40 a.m. f0 the effe :1‘ fhaj she is residing along wifh her husband . Mofiram in Village: Moharpara and her husband, is worlging as a p‘ain‘l‘er. Her husband came offer finishing fhe work and her daugh‘i‘er offer Taking her meal New XI-HC-22 m W wm®éx2ooé7ém aw j m warm“?! —2_— WWW %awfmem%¥r mWWgéfm wem- for sleep in The adjoining house. A1- abouf 10.30 pm her husband b'olfed ’rhe room from inside and se’r he¥ on ff e affer peuring kerosene an her body, as He Wis doubfing her fwelify on 'the gr uncl fhaf she was having physical r’ele‘rions ‘ wifh nephew of fhe taccusgd. Her who e body viz., back porf§on, chest waisf and - hafqds avg burnt Affer‘ apening i‘he nor, she has come direcfly 1-0 The Police 5?afion. ' ‘ Receiving fhis report The fahon House Officer, Police Sfafion: Manendmgorh l'ef‘r for ”The scene of currencaond deceased Asha Kumor‘i was senf 1m ‘fhe hospH-ol Mahendr‘agar'h, where she died oh 8-4-1994. In The mean hme, #he dying declaration (Ex.P~3) Vci ihe deceaseci was recorded by'Execufive Magisfrm‘e Kashi Ram Gup'ra (PW-5i. The Invesfigo‘ring Officer Took info possession one imp/one mofchbox,, burn? biause of the deceased and one ierrico‘r sari of ihe deceased under E:<.P-4. One plosfic baffle from\which smell e of'kerosene was emano‘ling wos Token info possession under EXP-5 from fh‘e ‘ house of The accused. One Ten rupeq‘s burnf currency nofe was also faken info possession under EXP-6. Affer fhe deafh of The deceased, posf-morfem was conduc’red by Dr. RS. BhojokiPW-4) and he prepared The posf—morl'em reporf EXP-2. .The Panchnama_(Ex.P-1) of fhd body of Asha Kuhari was prepored by fhe " {Pk Invesfigafing Officer. Affer complefion of invesfiga‘ii'io'n, chargesheef was filed againsf fhe I accused in fhe Cour? of Addifional Chief Judicial Magis‘l'ra‘ie, Mdnendragarh, who ‘in furn commi‘H‘ed fhe‘ case 1‘0 fhe Seasions Judge, Surguja, from where learned Wéiw ‘ XI~HC~22 WW WW mmmw \ e 3~ EaalhOnal SQSSIOYIS :iuage, MdnenaNigm" Wiai. recelvz er‘ for CGSe On Y‘ n3 The prosecu‘hon m order 'i‘o pmwe The case againsf The accused examined sfafemenf 0f. The accusad was recorded hich he denied fhe prosecufion evidence eigh? Wifnesses On fhe afher hard under Sec’rion 313 of'fhe Qr.P.C. m aegegring ageing? him. Affer' hearing counsei for The, ar’ries, i’earned A&diiionai Sessions Judge vcanviéfed and eem‘enced i‘he accused s men‘i'ioned in parai of This judgment We have heard Mr Surya Kan Mishm learned counsel for ‘rhe appellani and Mr U N 5 Dee iear-ned Addmon l Pubhc Pmsecuior- wn‘h Mr M P S Bhai‘ia iear-ned Panel Lawyer on behalf of Th fa’re/r'espondenf. As far as involvemen’r o fhe accused in commiffing The murder of his wife Asha Kumari is ccncernedh fhe firsf insfance, Asha Kumari herself ’ lodged fhe reporf (Ex P-3A) in fhe Pol ce'Sfa‘iion and narrafed The circUmsfances under which her husband se‘l her on fire afier pouring kerosene on her body Thereafi-er The dying declarahon ( xP 3) of Asha Kumari was recorded by Execui'we Magisfra‘re Kashi Ram 6u a (PW~5) who has stared m his ewdence fhai' on 31“ March 1994 he recur ed fhe dying declaraflon of Ashe Kuriarl which Is Ex? 3 and fhe some was rec rded afier ob’rqnmg oerhflca‘i‘e from 'i‘he In EXP-3, Vfhe dying declara’rian, ii is cafegorically menfie ed Thai a1“ abou‘i‘ 10.30 pm. Moiirarn afier‘ doc‘l‘or fhai‘ she was compe‘ienf ’r give sfai‘emen‘i‘: [shew e S i XI-HC-22 pouring keresene an 'fhe body of Ashc Kumam sei‘ her- on fwe On enquiry by fhe Execuflve Magisfr'a‘fe deceased As'm Kumam ha# furmer smfed Thaf fhe accused used ‘Fo doubf her fsdehfy an The ground Thaf she is having physimi reldrlons Wifh his nephew Kashl Rcm Gupfa (PW 5) who recorded fhe dymg declarahon has n01“ been crass exammed Therefore fhere is nofhmg on record fg‘a‘oubf fhe dying declara’non Moreover,.Badri Prasad (PW-l) has smfed in his evidence ’rha‘r in The fd'eful nigh? a1; abouf 12 noon he Feard 1'he shouf ofdAsha Kumari Tha‘i' fhe accused has seT her on fire on which he ran Towards The house of The deceased and saw fha‘i- The room was dosed frc‘m inside. Duiari Bgi & Mango! also come on ‘ fhe spof and fhey saw fhaf “rhe accL'sed was presenf wifh The deceased in 1'he room, fhey go? opened ‘i’he door of The room and. Asha Kumori come ouf of fhe room-in burnf condifion. She was we ing oniy pei'ficoof and she direc‘Hy wen‘l‘ f0 fhe Police Siafion. 5imiiar is the idence of Dulori Boi (PW—2) and she has sfo‘ied in her evidence fhoi fhe dece sed informed her Thai“ fhe accused has sei her on fire. r Nee‘iu Yadov (PW-7) dough er of ihe deceased has sfoi'ed in her ewdence i‘hm‘ on The fofefui day she en? for sieep In The adJommg house and In fhe nigh? she heard ‘rhe shoui of he mofher she wasasaymg fhaf The accused has sef her on fire, Peopie from The VicmiTy olso came on The scene and she saw ThaT her moTher was lying in burnT c ndiTion in The house, The accused was also 'presenT There. i‘“ [14% énaa XI—HC—22 \{éa' 3mm Gmafzaaé 9’ mm , 6 mam 1 3 ‘ mmmafga ‘ ._ 5: WW fMW $Wm ‘ Therefore, fhe dying declara‘Hon made by deceased Asha Kumari s‘kmds "Eorr‘obomfed by #he evidence of The above wifnesses fhaf ‘rhe accused was bresenf in i‘he Ho'use. The deceased hcis cafegoriqally sm’red Thaf The accused jsef her on fire offer pouring’ker‘os e on her bady. on fhe ground thaf he was” ‘doubi‘ihg her fideli‘ry. Dr'. 3.5. BhoJa 1(PW-4) has s‘fafed in his evidence fha’i‘ he cdnducfed pas‘i-mor'fem dn i‘he body f Asha Kumari on 8-4-1994 and There were l 56% bugns on The body and she died n'accounf of burn injuries. § In The ciFcumsfonces, if is es‘ biished fhai fhe deceased died on accounf of fhe burn injt‘Jries and she was e‘r on fire by fhe accused offer pouring kerosene on her body. For The fo egoing reasons, Life 'are of fhe considered opinion fha‘i There is no illegaii‘ry or ihfirmi‘iy in The judgmen‘i‘ of The ‘irial Cour’r. In fhe resulf, fhe appeal‘is devoid of merit, some is dismissed. Sdl- L.c. Bhadoc Judge Some '[u‘isw