|HI||HH||||||||llHIHIN!||||I @ CF000006‘1 61 ca Q \R2],9J7 APPEAL OF PRISQN§i%on Bench (Crirninal} XIIE1 89 (Jail) C J.P.R-I9~94 ! lJO §€§§E2§ C4P§qw3n¥@\z M4} g Nam i e NQ‘TR l Fath er s name ‘e31dence' *1 k‘ ix‘m ‘ZQE‘ZV Age €3<§ db“2% c. $entenced to §@r’ 'Hg?(*w) ‘ \ 0% { d R Under ‘ Secti'on 1 It 1s explamed to the prlsoner that 1f he states he Wlshes to be represented by a legal 4 practltloner the appellaEe Court W111 not proceed w1th the case for seven days unless the legal practmoner aopears earher If the legal practmoner does not appear w1th1n seven he may not heard at all 1f the Pr1soner states that he does not w1sh to be repre- sented by legal practltloner the court may proceed at once wrth the case and W111 not e oblrged to glve a hearlng to my legal practmonet’ who should appear l V Date on Wh1ch copy recerved ibh’ ‘5‘ ’ M9 %‘ Date on whlch Ap‘peal sent W6 591;,lfl %L4;}D7793L QWlgvi€V 99— 4 Whether the prrsoner w1shes to be represented or not No WWéT»§§o 16? gt; Name Cxé“&@ %E§E Date of Apphcatwn for copy of Judgement to getner Wltn a copy of Ju/gement or order passed 1n the case for favour of transmr savon to the proper Appellate cOLrt Date of receipt in ‘ Office r Date of receipt of record to acwmpany the " Memo of Appeal to the Appellate court .No K30} warded togthe Dated ' ' ' 99 e :wx Date of receipt in Appellate court b ) - 4 1 Confined‘rn’ mt Jail “975%Wm "“ n té 3”) / N0. . on [m Dated A6u:_.@ 19g!” Forwarded to the WW mwagazwy...71J..z.%..\:s..7... “g1 200' u M3,, beefen’i On hearing 1-he “rams, he reached *He spo'r and saw fha+ I+war Sui & Wimree other persons were running away after assaulting his fafher, there was i injury bn fhe head of his fai'hei', blopd was oozing ou'i‘of i1“ andrhis fo‘i’her was dead. Che accused person rus¥te$ fowards him io‘assauH‘ him but he could v ' escape. Receiving ihis ‘F'eporf, The Simian. Hogse’ Officer, Poiice Simian ~ I {afghan regisfereiCrNc‘J59/ for-commission of offence under! 5ec1‘ipn arm/M cf EC ieff fer scene e ecurrehce and after giving netice ta fhe Panchas prepareii i'he Panchnama Ex F-7) or hwy cf Sukhnandon Singh He ‘ iook m‘i'o possession fhe blood ed soil and plain sonlAfrom ‘Hne plaae cf i accurrence under Ex.?-8. The dea dy,was sen? for pas?-mor-fem examina‘l'ion' +0 Gavernmen'l'l—lospi'l‘al, Kafghora, here Dr. H.D. Dd'iir'e (PW-6) conducted ‘l'he posf-mor?em and prepared the p -morf’eni re'par? Ex.P-9’in which he agined ihai' ’cause 01" deai'h was shocié due i0 haemorrhage as a resuit of head injury, Clafhes of deceased were faking ’ fo possession under Ex P—l? one bamboo, l l‘i was faking inc pa eseion u der Ex ?—1 from accused ArJun Singh ane bamboo la‘lhi was faken info pa ession under Ex P—2 from accused Ifwar Recovered articles were sen? for hemical exommaiion to Asnsfant Chemicai Inspector, Forensic Science Labor ory, Bilaspur. Affer c‘omple‘rion of invesfi on charge sheei'ms filed in flue Couri- of - Judicial Magis ra‘i‘e Kaighara who in furn ccmmii‘ied‘“he case to flie Sessmns J’udge Bilaspur from where ed Addi‘l'ional Sessions Judge (Special £0Lr*), Bilaspur received the case n Transfer for frlal 9" s m d o a f g i n ‘ wEspechve counse! corVicfed and The preseeu‘hon m order o es'rabhsk charge «gems? fhe accused perscns examined seven wnness Statements of accused persons were ‘ ' recorded under Sechan 313 of fine r- P c. m which fhey denied the prosecufnon’ ewdence appearmg agamsf 1'hem Learned Addrhond 5essnon Judge af'rer hem-mg +11: argumen+s of enced fhe accuaed/aapenanf herein as mentioned m para 1 of fhis {udgm nf however he acquxt'rw accused ArJun. gwchar & Shahas Ram We have heard iearned coun elfor fhe par-Ties. ' x Homicidal deafh of 5ukhnun As far gs invelvemem ofl‘ih accused/appeikmt herein in commission of 1V Kaiidso Edi-daughter of deceased‘ who r evidence fhai’ of fhe fime of crime she she heard The sc eams of her other on hearing ihes‘cre‘nms sine wen? fo s ‘H‘ie agricuiiuroi fleid where her fofher was working and saw the? accus I‘i‘wora and aiher accused persons were assauii’ing her faiher' wii’h iai'hi, as u resuii' of which he received Imurles on his ieqs hands and head A1" fha‘i' i’ime her broi’her wos grazing v‘i‘he goo? in ihe fares? rerefore she weni there and Informed her broiher Her broiher came and saw The bony of her rather Pilil—o Sanrrom brofher of This wn'ness one sen of deceased has shied ‘fho? when he was m i'he fares? he was informed by his sister Kaiiasho Bel on which he wen‘l‘ io the piece of occurrence and saw his fafher m InJured condrhon, who was already dead He Iodged fhe report Ex P- .[u'iosfah singh is no? in disyufe ‘- crime in quesi'ion’ is concerned, Wiinessed fhe crime; has shied in was at her residence, a? cboui' 12 w d e % e . m . P e n n refare we are of The considered opmmn ‘v-l-Fua'r Involvemenf of fhe accused/ ppellanf m crime In ques‘hon is esmbilshed beyond reasonable doub'r and ?he 1' tat court ha. no? commn‘fed any IHegohfy or . infirmlfy m conwchng fhe accused/ ppeilam herein Learncé counsel for *he accused/appellanf argued flaa‘l’ from 'l'he evldence of PW-l Kailosho Bai i no? clear fha' who caused fhe folal mJury which resulfed mi'o deafh of Sukh andan Sangh she fur‘rher‘ sfaiad fhc'l' fwc ‘mCLsed persons have already been acqumed there Is no specmc ewdence Thar The accuseu/appeiianf her-em was which resulfed mfo dea‘lh of dece sed and fhere Is also no‘l'hlng on record +0 shaw ‘ha‘ fhe accused/appeiiam harem assauhed fhe deceased wwh 1"1e mfen‘han to cause deafh of dece ed as such m fhe given circumsi'ances the ‘ benefl+ cf Sec‘han 304 ParT-IT mu‘f go To fhe accused/appelianf herein 7 0n fhe‘ oiher hand, learned Addii'ional ?u'olic Prosecutor for sr‘he Sfai'e ~ sijpported The jiJdgmerrl' of fhe frial Cour-f. (7 Ir. order fo opp‘recial‘e ‘h'e argumem's’advanced by learned counsel for ' fhe accused/appelianf we have scanned fhe evudence of Kallashc 9a! (PW—1) and we f'nd some subsmnce yin ihe yargLmen'rs of learbrked coLnsel for l accused/appellant Fromv+he evidence of Kailasho Bai (PW-I) il‘ appears 'fhaf m +he pehce sh+lon The defence has no'r been able +0 ehcrl' any cwcums'l'ance which makes fhe ewdence of Kaiiasho Bar (PW-1‘ unrehaNe or unfrustworthy T'ne weapon of offence Ie b oo lath: was also recovered‘fr-om The possession of accused/appellanf h rein and as ‘p'er medical reporf injury was aiso found on fhe head and leg only person responsmle for fatal mJur'y e 9" " mow ‘ b a e 5 XI—HC-zz . WWW Vi 20% mm . mmawféa V We — mmfiwW %W¢TI%¥I ‘