2‘*\MJL\i;aLJL\§m“ soooo- 1 .7g g(\‘w A‘ N0'_~2A7u,1,f__-_w .. Name Father’s name W §w 7‘ Rwdence 3 $a51 maW/L Age ~37 § m § *‘,W_L (‘75 p; s' ”11W Sentenced to WW on Wigm7‘a%» }99e vfvm-m Under section 3W 40 bLE—3n% W:—-~~»~ ia-QWIQ’‘d éX ~ Eb 1t ls explamea to the pnsoner that 1f he states he wmhes to be repxeSu ntcd be iegal practmoner the Appelate Court W111 not proveod Wxth the base for seven daye unless the legal plactmoner appears extl If t‘m, legal phleuuoncr does mt appear Wltn 1n seven days he may not be heard at all If the prxsoaer starea that he does not w1sh to be represented by legal practmoner the court may proceed at once W1bh the case and tWJI not be ob‘tced to glve a nearing to any lewal practltloner who should a peat Date of ApplicationTor copy ofJudgement /' "/ [fnr’ a??m”%%w Date of whlch copy recelved h w “Ra '§§$‘ V Date on whtch Appeal sent 4e t3©~~ Whether tne unsoner we es to be leptesenteo or not vespW Q/l d ' ' No :2 e date 1 Q7} on Forwarded to the Wuggpggan j to gather whxch a copy of Judgement or order passed 1n tWag trensem1ss1on to the proper Appellate Court l as t ‘ \ ‘D f reéerpt\1h Deputy Comm1ss1oner a OfHee \‘ / Date of recelpt of record to accompany i No. f {21/31/ 7t&,_e Forwarded to the / ' “If ”1 Vntuica Date of recerpt m AI pelrate @rt g . f ; ~ * i ; 64" or I a o emo ofAppeal of the Apptudte oo ‘ \M mN p _’ t n mmmm Wm" mm (YQ ... m I..... ....a63 lean 200 mmar‘mw ' a;a%um _ ‘ us - HON'BLE SHRI L c HON'aLE sHRI DILID RAG sAHes DEsHMvKH JJ 23 6 2005 5hr! Ranblr Smgh comse! for The appeHam‘ Shrl Ashlsh Shuklo Public Prosecu‘ror for The Sfa‘i‘e/ respondenf The accused/appellant has preferred This @pe’h‘l Through * ‘isuperinTendenT, Ce‘nTmi Jo I, Bilaspur, Beingoggrievéed ‘by The I JudgmenT of conviction and senTence daTed 10*“ January 1990 poeseo ‘by The 4*‘1 ‘AddiTional -Sessi’on;s Judge, Biiosp’ur, 'in S‘T. ‘ 51026371987 whereby, iearhed 41m AddiTionolu sessions} Judge z ofTer holding The accused/appellanT guilTy for commiTTing r murder of his wife under SvecTloh 302 of The I.P.C.,’;} senTenced him fro undergo imprisonmén' In brief, The case of The prosecuTion relevanT for The m on 2917-1987 Jrhevaéc'used aim-i9 xi @Jaklu Bai were going \Tp Ka‘hfq To Theyr consumed excessive liquo‘r, hihuh‘hola. Ramkeli Bgi, armghfer' of ' year‘s Was also accompanying fhem ’ maTemal uncles piece and informed itiiépasai of 3“}1is agpeal is ‘H ‘ wifh hVis’ wife namely Pakii B< her par-ems’ place. As Therefoxge They sfayeH a? T The accused aged abouf 1C g Therefore she wenT To The: BHA DOG 5; (fer life. 1.x; A ".\ ‘ 2; § XLHC—n by her fa‘i'her. En The morning of abou‘r The excessive drinking 30+h July 87yDokari, son of ChoTu, broTher of The deceased came To village Thihaifhela a‘T We was taking The accused and 'rhe deceased was, hem/31y d quarreih‘ng wi’rh fheaccused. WHH a Tangia; as a resulf of ‘ inciden‘f was lodggd a? The The basis of Tha’r The case wc ’Ks‘mh'fed invesfiga‘rién. The t pos’rmarfem examinafion ’ro ' Thereaf‘rer, The cb‘fhes‘and " accused. were senT To The: Invesfiga‘ring Officerwfook in and plainascil from The scene Af'fer invesfiga‘rion, c‘ large was framed againsT Th’e‘ accused/appellanT and he denied Thelcharge. AfTer recording TheproSecuTion evidence, sTc TemenT of The accused‘and hearing The , argumenTs, " learned W residence of ChaiTuram. When he +he deceased To his house, som dispuTe arose beTween The accused and his wife, aT ThaT Tim hunk and she sfarfed abusing and On ihaf The accused ‘assauifed he which she died. The repor‘r of The :oiice’ sfafion MarWahi Ex.’-P/1. O is regisfered and PW—6 5.5. Bhaga' ody of fhe deceased was sem‘ far ”he Pendra Hospifai under Ex.-P/ “he axe which were seized from Th docTor for examinaTion. I Th To nossession The bio/odisTained soi 3f occurrence under Ex.-P/7. l a. accused/appelbh’r. ‘The ch Targe sheeT was filed againsT Th Trial CourT convicTed The ) 7 \ l e e r n r 2. e e l e F LC2 .XH—2 ccused/upHa‘ for fhe ec’rion 2 of ‘h I.P‘ ipmenffo le. mrisonr if e ve hr-cl Shri W ha ea R ‘aeHa‘r an Ash ppri d 5hr$i his ’af sponn i Ashish hua ion i'he sen‘'ee. evr, Sri a en reas n compie Ranbir ingh submi‘s ha e wam‘s 1’0 arue i api on, meri. hri 5inh bmi’rs fh’ he nor diu’ring f n‘ure d‘or’r The cs in mial olso sbTs T" e is no‘ dispuTing volvem‘r h accused n cri. W- ' Doais an eeifnes an in view fis evide, f s’rands rod Thdf a ai ed n acc of‘‘ a‘‘ b he ccuse/apiia’n‘ wifh ngia e bmh‘ ai mdicai roboras hi dece. He s s'u T on T and n uriT e cas ff ud Sc of e IPC Ws nT made uTfo Jn ha efion 302 Th ... a o o'r Thereaso fT i has co o reor Th ki a was heav duk nd he T me n cd aT F’al Bi ily rn a s sTae bu arrelli cus wch eraged iasfm) omission of he ffence nder cm T a u and senfenced m o underg S 30 Te C. nir 5ingh, iearne cousl f e hukla, uc Prosf for Srg/redet od fhu‘ The accuseohf , Shr Skl in ‘ of inc Howe h S r fm h g ihs pea ‘i‘ S g su af is ‘ sp he ar of ‘ eh of deeaed beg hoicd. He umi hai h r The inen of Te i me As P 1 kri yws d of h nce i i pve Pkii' B di o ounf ihe Tfack y T adpei: a Ta. H sus Th e evidence also cor‘re Ta evin alo bmiTs Tha he facTs i The circsances of Th e oence ner I I’L’A M” ‘ apem frme r d/appell hs be 1eed p ‘4 hi T o ub d ne or Th S Pbli ecuor fhe rTd asing and qung wiTh The aced hi n XIvHC—22 The accused andwifhou‘r any pre-plan or pre-medi‘rafion, a” of a sudden, he ossoulfed The det eased wH'h o Tongi'o as a resuH of which she died Thér‘efor‘e e submlfs ‘rha’r offence does no , Judgmenf of The frial Courf We hove perused f e ewdence of PW1 who is fne eyew‘fness 1'0 fhe mctdenf In para-1? of The ewdence he ha cofegorucohy s‘fofed fhof so e quorre! Took pioce be‘rween fhe accused and The deceased a d deceased sfarfed abusmg If ha ‘ camé ‘m pam- of The e idence of fhls wl’mess ThuT fhe accused/appellanf and The eceased were m drunken condmon ¥ and m ThaT process The accu ed aTTacked his Wife wrTh a Tangi Therefore on fhese facfs are of fhe opinion #ha? There Is n awdence on racer-d Thc‘r 1* e. accused/appellanf assuul’red The deceased WTTh an mTenTIon o commIT murder of The deceased However when Pakh 8a; s erTed quarreHmg and abusmg The ‘ accused/appelianf as boTh ere hem/Hy drunk Therefore all o a sudden The accused/appe lanT wxThouT havmg an TnTenTion To commrT murder and wlfhou any pre medTTaTTon or pian being enraged by fhe acT of The d ceased assaulTed her WITh a Tangla Travel beyond Sec'hon 304-I of The I P C On The ofher hand h r: Ashxsh Shukla supporfed “rhe v h f a o f ; s n . heree, e nce ude ‘ecTion 302 ' c’r o fhe ced come u a f acus s 300 o e PC w ail hid ng m are of The echsidered opinion fhaf = fhe I.P.C. was no‘r made out The der ‘rhe excep‘rion-IV of Secfion ' f Th I... hich f under The cafegor‘y of cuipabie omice no’r amoufin fo urder, fherefore, offence againsT ccsdaell‘ nder $ecfion 304-II was made \ou‘r. ‘ I} is par-Hy al!owed, while acquH’Ting V je of Secficn 302 of ifhe 1.P.C.. icfed for +he _commission of 'fhe II of *he lP.C. and sen’renced To The agefppanr u E in sf, T ap ' ed fm fh chart nsfe +ereof, e is canv ' , efenc e 'icn 304-1 u nderq irisonnf’or 10 ‘year‘s, as has been menfioned fhaf e acus/ail a re d/_ I:C.BHAO I f Judge /\ ‘\ ' / .ady been released. \ . ad she died Tfor w offe nr S o Thereul he pa fhe dcéds ro e Iad h h fe undr 5ec1 J ; ug mpmef fh cedppean? hs al a S ,‘LDO I ~ m4