"fe^ ^' *KH-189/(Jail) C.J.P.R. 11/94/2,000 ISI ^ft^ '^} ^ CF0000058049 APPEAL OF PRISONtR S^^'f^a^^s^^ JABAU»0 1 &^» ^.w ^^ ^z<^ KcwytO^t! fi^GdtA. •••»«e••• No^ .^^^^^...............Name...^^,.^:^..-^ Father's name^^^.^.^..^. ^F^.^..^,^ Residence...(^^^^^^^^^....Age......^^.^^.....-...--^ .•.."- Sentencedto^^^.^.^^^.^.........0n....^.^.^.^.^.^. ....... ......... Under section %.p.^,. .y^..^. t^ .^.^A ...... by ^.^^^^.<^^..^^^y^. ^.^.^.^.^(^ ISJ) It is explained to the prisoner tKat if he states or wishes to be represented by legal practitioner the Appellate Fourt will not proceed with the base for se.ven days untess ^ the legal practitioner appears . If the legal practitioner does not appear within seven |iys he may not heard at all . If the prisoner states thathe does not wish to be repre- sented by legal practitioner the court may proceed at once with the case and will not be ofeliged to give a hearing to any legal practitioner vvho should appear . I 2 3 4 Date of Applieation for copy of Judgement •^•l-'b-L^•^••••-' Date on which copyreceived .....•••....... ••....^.(^..3|^^^.^... Date on which Appeal seat ..•.....-. - .............. ...^.^O)^.. . Whether the prisoner wishes to be represented or fwt - Yes / No •i^ I.J- No.... .A.S>-^->-^-^—•••......•......Name^.^^..^^.^^p..<^^..^.-^.^.^< Confined in ........ •..•f^.,^. m ...... -••••••^^.•^^•.^•.••.••••••••Jaii<..<^Y.y^.^j«.^.^y^^^'^••" -•••••'•-••-•••••- :......3.4J^..........^{^^^bated..........;.....]99^..^.»^^^^ GmEP-WOICIAL MAG^FR^ ^.^.{^^.^^^ of judgemcnt or order passed in the case for favouroftYate^ Vv ' No: Forwarded to the GHffiF- ^gatherwhich a copy of mission to the prqper Appellate Court. <4^^ .^\ ^Fn-a 0^4(\- <^.^^«^^9j.9y s»up<wiroRidem^: ^.lfcw?.?B< Dateofreceiptin............ ... ................office ...^.i-^-lA-^--^-.^-^"!--0- ^ ' Date of receipt record to accompany the ...^......................^^.^.:.:.^.^}^>. C.) .^..v:^' Memo ofAppeal to ihe Appeilate court No 1. FbTwarded to the Dated ....................199. Dste of receipt in Appeilate Court ( P.T. 0.3 XI-HC-22 -3-oE[-^nzn^rq^ ^Tii^^Ko, [®«ni^y HW^^ ^Wc^ 3TT^?T XIira? ^...^..6..m...o).S.\ ^ 'M '^^8T' STT^T'^T (<Tli<=h STI^T 9h^icb <yf^a 3:n^?T ^^HScH: ^Tfi^T ' <=hl<Ll(d4lrl ^i^aT'^.l^t <f^^i< ^ 37f^m 3ut'?r DIVISION BENCH: - HON'BLE SHRI L.C BHADOO Mai HON'BLE SHRI DfflRENDRA j^C^HRA. JJ. 8-2-2006 Shri Sushil Dubey- coimsel for tbe Shri U.N.S. Deo, Additional Putfic Oraljudgment dictated on Dai^\ appellant ic Pr^ecutor for the S^te/!^spon<tent, PER L.C. BHADOO.J By this appeat tfae accused/s con^cmess of die ju^ment of convict 1995 passed by leamed .1st No.239/94 whereby ieamsd Ad^tic accysed/appe!laiit guilty for ^llant has questioned flw tegafity <md and order of sentence dated 8 June Sessiom Judg^ Bfl^pw in S.T. S^sions Judge after holditig the of ofienoe imder Section 302 of tfie sleeping in a room in tfae house ofh^ LP.C,, senteaced him to undeiso impris^nmeht for life. The case of the prosecution mt^t m the mtervenmgm^it of 3 /4th April 1994 accused Madan Lal and his ^jife Keextan Bai (since de%ased) were inatemd uncle Bud^nroi (PW-1) aftar taldng dimier. PW-2 Thatfaaria Bai w^s slee|»ttgm tfae oomdor in front ofthe room m whigh the accuscd <md hi|s wxfc wcrs stecping, whcrcas; PW-1 Budgaram was sleepmg in another itoom. Bi between 12 p.m. to 1 a.m.y Thafharin Bai heard the sound oftliu^ m flie room where (he accused and iris wife were sleeping, <m wtech she asked| her husband PW-1 But^aram dKrt some soimd is conring frorn fiie room ,on which h^ hatf opened flie door of the r injw<?d h^ wife by assmdting ha" mth ^vNch Budgaram called the accused^on t>oxft. Budgaram saw fhat the accused has ^xe. S^dng te he was t<A;ai atoack <ma [Tft^ ^R^^i XI-HC-22 ~5^r'::;SIPTI^PST, ^Ti1^t4i<o, ^i^y @ 3T[^T'^T f<Tli<=b 3TI^T 9h^icb\i[^a __ + 3ir^r xr^? WW(TT W*1lch •^ 200 "1qF5^T' <=bi^t<rt<i)i ^H<A* ^ Fs^l <p3i^i< ^T 3?rf^FT 3n^[ fhe accwed closed Ihe door from imid|e. Biid^yam asked fhe aecused to open tfae door. He raised cries but he did n |>t open tfae door- Howwer, hearing ffae shouts ofBiu^aram, PW-3 Kunden Lal), PW-4 Nanld Das, PW-9 Ganjha, Heera LaL Kotwar Shyam Das md other ^yilia^ers came. They also made an attempt to open the door feut tlie accused did not ^pen fhe door aad said feat he wpuld not open the door, on wliich PW-3 Kundet|i Lal made a telephomc cafl to fhe pofice statioit on which PW-7 Chandrama Sii^i Rajput and PW-5 B.R. Jangde came and they asked tfie accijused to come {^ut on wNch he came out an4 he was airested. By that time, Keertan Bai W§BIS already <tead. therefor^ Panohanama Ex.-P/6 was prepared. The dead |iody w^ pliotographed aad snaps of photographs (Ex.-P/l to P/4) were to|c€n. The accwed gave a memoraidum (Ex.-P/7) and m pursumce of that he takai mto possession imder Ex.-P/8< Ttie blood sfamed soil md plain soil were taken mfo possession under Ex.-P/9< S| inito possessioa under Ex.-P/lO. Dehatij oti ttiat crime No.0/94 xmda- Swtion 3<| body of Keertan Bai was sent for tfae | produced blood stamed axe wMch w^ w^re sent for ohetnical exammation t<l where i^port was receiv^d. The body <| Bhim Prasad Kanwar (PW-6) and on| hirt and towd ofthe acoused was taken NafisM Ex.-P/S was recorded aad based 12 oftiie I.P.C. was regfetored. The dead postmortem^xaimnatton to the Primaxy Health Cenlre, Korba, where Ete. BImti Pr^ad K^nwar (P^V-6) conducted flie postmortem attd prq)ared the postmc|rtem report Ex.-P/19. M many as 14 injuries were foundon fhe bodv of f^e deceased. The blood stained articles Ae Forensio Science Laborat<My from ^fflie acowed was also exaniined by Dr. Ae body of tihie aocused injuries were found. Ths site plan (Ex,°P/14) ofAe ^tecs ofoccuiTencs was prepared by Siffi B.R. Jangde (PW-5). [Tft^ ^^-' XI-HC-22 . 37T^T'^T .f^TW^n^T $ti+4i<=h ^[^a <£.< r I- ~5^T';;STFTRTZT, ^TTl^'li<o, fc«ni^i^< 3n^r 'q=ra? HW^{ ^h^icb •^ 200 'fN^T' (=hN(d^lr1 ^l^^T ^ f^st <^l^l< i73?rf^m3T1^T After completion of mvestiga^on^ charge sheet was filed ag^mt the aocused m tibie Court of Judicial M^atetrate, 1 Class, Korba, who in tum cofmnitted the case to fho Sessiom |judge, Bflaspw from whoro leamed 1s Additional Sessions Judge, Bilaspur rec^ed the case on fransfw. The pirosecutioii in order to exainined 9 witnesaes. StatemCTit of tfa^ offhe Cr.P.C. in which he repfied thatj ^ay attything. Leamcd Additiotsal Prosecwor md coynsei for the accusejd mentioned in para-1 offim judgment. As far as mvoh^ment of tfae concenied. PW-1 Budsar^m, matem^l! t;stabfah tfae charge agaimt tfae aocused accused was recorded under Seotion 313 Iwi&iesses are true and he does not want to Ses^m Judg^ aftef h^am^ Addltiosial Piiblio convicted snd sentenced the accmed as |accused/appelteit m cnme m qiiestion te limck oflfae accused in whose house the accxiscd was slecpirig m Ae fatefal m^ht^ has statcd Aat in fhc m^ht in between .. . . ''< 7 .. • .1. .... ./ ,;'. -1 ' .•.''.... 12 p.m. to 1 a.m. tris wife came md sound is ccming j&om tiie room whei^ tfae acoused aad his wife were sleeping. Qn which he went towards the room 4$id ^aw that tfae acci^ed was attackmg hi^ wife witfa axe. On seeing this, he |CT^6fcg^d started taisit% sfaoute. The Ram. <md Gajha oame to his howo. door on wliich Sarpaflch Kua<tea Lal mommg police came. The police got ^ked Nm to wake up and said that some accused olosed fhe door from imide. j^fter hearing Ms shoite, Heera Lal Naidd Ther^after, Sarpanch and Kotwar also came. The persons asked the accused ^p open the dow but he reius^d to <q?en the tetephoned fiie pofice. Thareafier, m (he 3pened the door and cuyestedthe accmed. By fhat time, Ke^tan Bai was alreadj^ dead. There were injuries on her head, .1 chest and leg. She was lying in a pool ^>f blood on tfae groxmd. Fow photographs (Ex.-P/l to EX.-P/4) were token. Pa|achana$na Ex-P/6 of the do^l body was [Tit^ ^f<^^ XI-HC-22 ^^r ^||<4ld14, ^Tl1<44i(o, fa<ni<4li< 3:n^r^r • k^ 3TI^T 5b^i<^ ^f^a + 3nt?T "q^ra? Hi^ni ^b^ich***'****"*"* *<"t<*""<**'*****'*'^T;^ 20° 'fN^T' wlwre the acomed and Ns wife wa-el cotTolbomtsd Ifae evidence of PW-1 <=hl^t<rt<flTl ^l^^riT'? 'f^st ll^^TT ^^ti^m^TT^r prepared. Sanflar is fhe evidence ofP^2 Tfaatharin Bm wlio has cotroborated the evid^nce ofPW-1 and who was sl^ping in ifae conidor in front aflfa^ room skeping. PW-3 Kuaden Lal haa also corrobOTated the e^ddmce of PW-1 ^udgaram. PW-4 Naald Das has also Budgaram. PW-5 B.R. Jangde, sub impector, h^ stated that on 4-4-94 at]about 5.50 a.m. Chandr^na Sm^ sub impector, rectitved a telephomc cafl ab<j>ut fhe incident. He was directed to go to tfie place and he recorded Dehati Nalis^i Ex.-P/S ^s per tho information givea iw Bu<^ram. By &e tame he reached. ti|ie door was already opened and accused was aiready taken into custody by t(ie Assistant SiA Inspector. The abo^ve evidence is con-oborated by the medic|d evidenee of Dr. Bhim Pra^ad Kanwar (PW-6) who has stated fhat as many a^ 14 mjyries were present on tlw bocfy of the deceased- Brmi mcmhrane was lac^rated- A1I tfae mjuries were ante-mortCTi m natwe said caused by hard and blu^t object. The mjuri^ were suffident in tiie ordinary cowse ofnatore to cause t^ deatft. PW-7 Chandrama Sii^h Rajput hws ^tated ttiat he <>n the tntomtati<m ^vai by flxe awvsed took mto pog8<^si<m the axe under Ex.-P/T. la view of flie |afeove evidence, it is established ttsat tite ./• accused was author of tfae orime in qp^stion as he and tes wife w^re steepmg ia the room and PW-2 Thatltarin Biuwas|sleepmg itt the corddor. PW-1 Budgm-am saw fhp accused assaudting his wife wi^ti axe, fhereafterhe closed fhe door j&om ^^\^^ -—- 1 isiside. B^ tfw itaae police came, he op^ned Ifae door mid Keertan Bm was found dead iimde ttie ro<mi. Leamed coismel for tfae acci^^a^peflant affgued flsat there is aolfamg on tword which show^ that the aocmed |iad aiiy intention to cawe death of tlw deceased, ; I -] .:•'.. . [Tft^'^fe^ XI-HC-22 ^^ ^ww^, ^^\^ facni^y STT^T^T f^ri^'sn^T $t)^i<=n ^fia Borve M ^r y 3n^r Tra^ ^l^^fl 5b^(cb •^ 200 '^^sr' 371^1'^RTT^R ^Tf^T "^- substalnce But, we do not find any acoused caused as maay as 14 injuri^s onMtal part of tfie body i.e. head, as rather this is a bmtsd and mercilessl iatenlion offee accused to cause deafhl Ih t&e resirit, we do not find ^ny substaaice m tte appeal, same is Kabte to be disnrissed aad it is hereby disnmded. Sd/- L.C. Bhadoo Judge chi^(<n<fli ^IH<A ^ fe^l <P»i^i< '^3ri^R31T^T in tites ^gument for the reason that fhe on almost dl p^-te ofIfae body and abo ia result ofwhich she dted imtantanoously; murder oarimsitted fay Ito socused. Ttw ofttie deceased was writ laige. Sd/- Dhirendra MEishra Judge [Tit^itfe^ ^