IHHlllIlIIllllllHllllllllllll‘l \ F0000059842 No. Nam w e Father’s Name w ' Resident‘mf’ f§mmW~gmzim \ d ' ‘ ;2 ~ APPEAL PRISONER $7 21m 93CW) Q97r 9Age Si Sentenced to QEWgWa WW/lw on 22; z g z Under Sectkm 3vli3za i‘Pmw by j A. .S‘T ; It 1s explained to the prisoner that if he states or wishes to be répresented by a legal practmoner the Appellate Court Wlllnot procegd w1th the base for ‘ seven dayQ unless thelygalpractttloner appears If the legal practmoner does not appear w1thm seven days he may be heard at allif legal inactitioner the court imay proceed at once w1th the case and w111not be obllged to g1veabear1ng to legal practmoner who should appear. pateof applx‘cauon for copy of Judgement 5- I N a ‘ I i Date of which copy received :- 3. Qate on which appeal sent :- 4. Whether the prisoner wished to be represented or not :- p ‘ No. 7w; Name meet 51w f .(w‘ab Continuedin. ?%5?7‘ Jail Mm em; W‘i‘ 15 v \ l‘7‘ 747‘ g.‘77 t/V Yes/M I ' ”“ ’ v w Dated 5” g. :H IEF JUDICIAL MAGIs'rRATE q tegethrr with a 'copv of Judgement or order passed in .‘ case for favour of nsmlssron to the proper Applieate Court Su perm ?%C§n‘tr§:&% f Sub-Jail. z~n._ " '.. {WSWV Date of receipt 1n C J M omce. 57/8} i) Date of receipt of record to accompany ._ Memo of Appeal of theAppellate Court No. / l k dated H‘g‘99 Forwarded to the H ’6€L f w 7Ay<' \w e. R. MAGISTRATE taére edit area rm ate efaxra‘ §até of receipt in Applieate‘ Cou ‘ a r v rt . @ ‘ ‘ HIGH COURT OF CHHATTISGARH : BILASPUR \ ‘ CRIMINAL APPEAL N0. 1514 OF 1998 s I g Jalamiha: 1 Vs. l § State of Madhya Pradesh ,/ % (Now Chhattisgarh) . HON'BLE $I-IRI FAKI-IRUDDIN, J & Iv ‘ é u t‘ HON’BLE SHRI V.K. SHRNASTAVA, J ? g PreseTnt :- ~ Shrj Pravaen Das, 001111361 for tha appellant: S‘hn' (1R. Sahu, Pane] Lawyer for the State. § Pgr H;on’ble Shri Fakhruddin, J J U D G M E N T HEaId. learned counsal for the particts. 2. The appellant has preferred this appeal against. the judgment. dated; 29-7— 1997 passed in Sessions Trial No.22/97 by the First. Additional Sessions Judge, Easter, Jagdalpur, whereby he has been convieted under Section 302 of the Indian Penal Code for committing murder of Jamvati Bai and sentenced to undergo impriSonment. for Life 85 under Section 324 of the Indian Penal Code for causing injury to Sevti Bai and sentenced to undergo R,L for two g? years; Both the sentences are directed to run concurrently. 3b Brieily stated the prosecution story is that on 1—1 1-1996 at \ 2 1.30‘ hrs. PW— 1 Sevti Bai was returning to her home after work in \the hotel. She saw that. accused Jalandhar was quarreling with her \i\\ i \ @ mother Jamvati Baj near Ratni Bai’s house and he was d€fammg her‘ 0n being stopped by deceased Jamvan Bm the aroused milwfed repeated mjumes on the cheat a11d qmmach of deeeased by sham edged weapon knlfe w1th mtennon to km her When PW- Sevtl Bal came to save her mother, the accused also inflicted injury to her left elbow. Deceased Jainvati Bai fell down and blood was oozingmnt. The deceased was taken to Maharanj Hospital, Jagdalpnn where Doctor declared her dead,‘ Report. of the incident waelodged in the Police Station Bodhghat vide EXP/4 by PW-l Save: Baj. 4. On —11-1996, police prepared the panchnalna of the dead body and sent it to Maharani Hospital for post mottem Post crm onducted by Dr R R Qaham (PW 7) and he submltted th pert e Ex P/ 10 In the opnnon of the Doctor the cause of de w d to shock as a result of miury over liver and lungs ot ap was prepared Dulmg investlganon as per Ex P/ 1 plam & blo tad sod was selzed Lungl {is Qhlrt of the accused were se Ve sure memo Ex P/2 Memorandum of the accused was recored e EXP/6 and the knife was recovered at the instance-of the aeused vide EXP/7, The seized articles were sent for chemical examiation and the report was received. The appellant was aréd. PW— 1 Sevti Bai was also medically examined by PW-6 Drt R,B,P Gup Medical Report is Ex P/Q In the said report the ct opd that the injury was caused by hard & sharp obJect 2 ; mte was e e re V1d ath as ue §o m od sme elzd ld etz d v1d d n fstb J ta ~ oor ne @ 5. Aftgr campkition of tha investigation charge shcet was flied against the. accused in thc Court. of Judicial Magistrata, Jagdalpur who in tilrn committed thf; case: t0 the Sessions Judge, Jagdalpur frmn whtisre First Additional Sessions Judge received thc case on transfer for trial, J 6. The; prosecution in ofdcr to establish the charge against the w‘accused §e3§a1nined in all 7 Witnesses namely; Sevti Baj (PW-1); lQiatm' Bai (PW—2); Bhagwati (PW-3); Vivek Jan (PW—4); Sanjay D. Devasthale (PW-5); Dr, R.B.P. Gupta (PW-6); and Dr. RR. Sahani (PW—7). (m‘ the other hand statement of the accused was recorded under Section 313 of the Code of Criminal Procedure in which he denied the prosecution evidence appearing against him and stated that he is innocent and has been falsely implicated in the crime. Learned First Additional Sessions Judge after hearing the argument of respective counsel convicted and sentenced the accused as mentioned above. i i i l v A 3 ’7 , As liar as involvement of the accused/appellant in committing murder cf Jamvati Baj and causing injury to Sevti Bai (PW- 1) is concerned; Shri Das, learned counsel appearing for the appellant, contended that there is no evidence on record and the appellant has i been falsely roped—in in the crime. G ; V ‘ 8. Shri Sahu, learned counsel appearing for the State, on the \ ther hand, supported the judgment of the trial Court. I 7 ‘V o ‘ \ 9, W63 have. gone thmugh the record minutely, We have also read ‘ ‘ ‘ the evidénce. of the witnesses. Ssvti Bai (PW- 1) is an injured witnass who received injury while ‘Saving her deceased mother (Jamvati Bai). She lodéed the report. about the incident before the Police, She stated in her statement that the accused was working in the hotel of her deceased mother Jamvati. Shefurther stated that While in the night she had seen her mother who was standing near the house of a V . t , iRatm' Bai, the accused inflicted injtu‘ies on the stomach and chest of her motheriand when she tried to intervene, the accused inflicted injurv on her also PW 1 stated that her mother was taken to the hospital where she was declared dead In cross examination PW 1 i Bai was asked about the relationship between the accused and her mother qhe denied that the accused has kept her mother as his Wife In paragraph-7 PW 1 sevti Bal has stated that some tune i _ her mother used to take liquor. She has denied that at. the time of ’ r ’ incident her mother was inside the house. 10, Ratni Bai (PW-2), stated that when she returned from the work, she saw the dead body of Jamvati Which was lying near her house and persons were assembled there; but. who had killed Jamvati she does not. know. This witness was declared hostile. 11. Bhagwati (PW-m stated that she heard the cries and came out. ghe has further stated that deceased Jamvati was lying near the drainage, Sevti Bai was standing there holding her hand and musd was also standing there, She also stated that Sevti Bai told e e \ ae 1161" that accused has kiH€d her mother and beat her. PW—3 Bhagwati; also stated that. she: had seen the injuries which were on the stomach and chest 0f deceased Jamvati. Jamvati was taken to l the hospital where she was declared dead. 12. Dr. 1R.B.P. Gupta (PW-6) in his medical report (Ex.P/9) round e fallowmg injury on the injured person, namely, Sewti Baj (emu: % V . “Inelsed wound R x 2 cm left deltold area muscle deep, bluud peslmve . Dr, REP} Gupta (P.W,6) in hls post—mortem report (Ex.P/ 10) found the followmg (injuries on the person of the deceased, namely, 1 Jamvati Baj: “External iniuries (1) Incised wound 4 em from sternum (mid hne) at nght 11nd clawcalar regron, ohhquely planed Slze 21A: o m X 1 c m 5th Intel cos Ldls spam: (Q) Incised wound, below the xyphoid and 1V2 cm right side to xyphoid, uhliqucly placed size 2V2 c111 x 11/2 cm. (3)1nc1sed wound at the nght antenor auxmary hne at the 4th mtercostals space, obhquely placed s1ze 1 x 1 x sketch deep (4)1ncised Wound right hand dorsum aspect ujbliquely piaoed from writ joint’ Lo‘ middle part ol‘ region size 5 om, X 0.2 om. l ; a; Internal Injuries: (1) Incised wound on liver, anterior aspect of right lobe d1v1dcd 111m two places wlule postcnmly Intact tins mJury corresponds to external Injury No 2 1 (2)Luciscd wound on right. lung antcrior Mpem dividc‘d into anteriur side, size abuut 8 cm. huguly l corresponds to extsmal injury No. 1.” - The Cdusa 0f detath shown to be. shack as a result of injury over livor and lung. > \ \ 13. ’IEhere is nothing on record‘to discard the testimony of PW-l ‘ »\‘ Sovti Bai. PW-l is a roliable witness, Th6 E.Vidonco of PW-3 ,s" L Bhagmati goes to Show that at. the timo of incident tho accused was , prosen§t and immediately when she came out. Sevti Bai informed her that adcused had kihed her mother and had also indicted injury to L her, The injuries and postmortem report go to Show that the accused hii‘h'cted injtuies on vital parts of the body of the deceased. 14. Having considered the facts and circumstances of the case, material on record, in View of the evidence given by Sevti Bai (PW- 1) &_ Bhajgwati (PW-3) and looldng to the injuries and post-mortem reportr the intention of the accused was absolutely clear to cause death of the deceased. No interference is called for in the finding recorded by the court below as the same is based on legal and clinching evidence. \ a L 15. Accordingly, the appeal fails and is dismissed, A l Sdl- W. 5d]- ”n Eakhruddin V.K. Shrivatava Judge Judge l W Gown/H ai dance