WW,W,W mvm (W) WWW ammm WWWIWW mmm $§mm sin ie Beneh’ Hon'ble Mr. 'usfitze Dhireiidrn Mjshm CRIMINA APPEAL NO,286./1998 V A 37.3 . 2007 Nonefor fhe appellunf Mr. Ar'un 5&0, 60W. A vcca‘re for The Sfu‘fe. On 20.8.2007 Mr. Eh pendm Singh, Adwcui'e was appaimed as Amicus Curiae +0 represem “thé appeHanT. However. on 23.8.2007 as we“ as Taday when fhe ma+ was called, Mr. Bhupendr'a Singh was no'l' present In view of +he above, . Devesh Verma, Advoca'l'e is appoin‘i‘ed as Amiaus Curiae To represe fhe appellant againsi' +he judgmenf 0f canviciian and November, 1997 passed by The learned e, burg in Sessions Trial No.187/97 order of senfence dcrl'ed 2 3rd Addifional Sessions J whereby 'l'he appellan-l' has be n canvicfed under Seci’icns 364 & 307' of ‘ihe IPC and sen'i'enced 1’0 un ergc RI. far E7 years and To pay a fine of Rs.500i- in defaul'l' of payrn nl' of fine fa fur‘i'her undergo RI. for 6 Wm W 20$ + r g 9 u Applican‘i Prakash Alias Shri Lah, 51"0 Vishnu arayan Tiwari, $adr'iya Pam, Daundi, l1. and DisH. Durg (MR) Vs Respondenf 5 fe af MP. Through The Dig’rf. M gisfrate, Durg (MR) WW,W,W W m W m mm (Witt) monfhs & RI. far- ? year5 :‘rnd +a pay a fine 13f Rs.500/- in defaul'f of paymen'l' of fine +0 fur‘l'he' underéa R.I. for 6 mon‘fhs resped'iveiy. B6141 +he senfences have been direcfed 1'0 run cancur'r'en‘Hy; The prosecu‘rion cas‘eJ‘ in brief, is ihni my 23.4199? fhe appellanf ,. himseif gave infarma’ficn in i'he paiice s‘rafian Thai he has kiiied a girl in mm V viiiage Bimrri-i-oiu. For verifying fhe reperf of +he &ppeiian+, The police proceeded far The place of inciden'l' and on enquiry if was found 'l'ha'l' lnjured Aféshwari, aged aboif 3 years, had gane fo school and while she was playing in fhe schaol +he accused faok her in fhe house of his brafher Krishan Kumar and fhere fried fa sfrangulafe her wifh clofh and also fried f0 injure her by sliffing her neck wifh a sickle, as a resul‘l’ cf which Afeshwari became unconscious and frofh sfarfed coming ouf of her moufh. This was wifnessed by Smf. Neefu Tiwari (PW-9), who is wife of fhe brofher' of fhe aapellan'l'. After invesfigafion cl arge sheef was filed againsf fhe appellanf and fhe friol Courf by fhe i pugned Judgmenf convicfed and senfenced fhe oppellanf, as menfioned bove. Convicfion of fhe app llanf is based on 'l'he recovery of sickle on fhe basis of memorandum (E .Pei) of fhe appellanf, seizure in pursuance . of fhe said memorandum of x.P-2 have been duly proved by Shri RN. Singh, Invesfigafing Office (PW-10) and also from fhe sfafemenf of PW-Z, who has signed fhe bove documenfs as wifness. Aparf from XI-HC—78 mm w 200 mm (W) WWW WW%WW WWW $3imw ,_g/ recovery 6f sickle “the accusei led 1'0 recaver'y of a biwd s+ained “fowei, pair of slippers and One atlas cycle’Vide Ex.P-3 & P-4. The canvic‘l'ian is aisa based an fhe s'rafemenf af Sm’r. Nee‘l'u Tiwar'i (PW-9), who §s recd Ehabhi of The accused an‘d w o has $1'a'i'ed 'Hmf or!“ abouf 9-9.30 [3.111. in iihe mar-hing when she remr ed affer faking her' bath, she saw The accused Si‘H'ing near A'l'eshwa i, who was lying on The ficar', she shaui'ed and a? Thaf 'i'ime Bhushan { 2) came +her-e, she asked Bhushan +0 call her husband Krishan Kumar‘ a d by +he 'i'ime hen husband reached There, +he accused has already fled ram +here. PW-4 Krishan Kumar, o is elder bra'iher af The appellant has also S'l'a'led Thai he reached 1' his home an being .called by Bhushan and saw 'i'hal' girl Afeshwar-i was l ing in unconscicus candi'iian in her Foam, on spraying wafer on her fac she gained consciousness and ihereafl'er she s+ar+ed weeping. He also saw abrasions an her neck. S'l'a’i'emen'l' of This witness is duly carrabar ed by +he si'a‘i'emen‘l' af PW-5 Mahesh Kumar. PW-iO Dr. LL. Marka ey has exm'nined The vici'im A-l'eshwari and abserved four linear abr sions on +he righ'l side of her neck. He opined ’fha‘l injuries were si ple in nature, +hough The same were caused by some sharp edged eapon. His injury repori' is EXP—i4. He by fihe sickle #as‘e has furi'her opined +ha’i‘ 'i'he injuries could be caused seized an ‘i'he basis of fhe me arandum of fhe appellant “i i ~ P h @ W m w 200 mm (W)