y WM” IHHIHIHHH ”Ill \ {K . 000061568 ‘ i WV, 4.7 ‘ Wm V, M C *\ifi'i~\k?? ‘¢ f 3m wig/(jail) by? R —5 Gov-9 81 AmwmAL Q? PRE§QNER ; :‘v'éA.Q.‘. Law“. Vui; No. 4———;£’£—’——~——w——_— Name ~—£§§@—————————.~~‘ww~m Father‘s name #‘——— W Resxdence—TMA‘—Aa {—Km ‘0T—§ Sentenced t00 W f———£‘on —~——§7ffjij—m— Rmder sectm;n ——-3UL j}? —~~ by _____wwm I ; _l .‘; “W ”ff ‘ A1,, .,:.k:' ". 0 1t ls expiamed to tha pnsoner 1h t )f he st practmoner ‘the Appelate Court W11! not proceed wuth the base for s the legal practtloner appears If the legal plamuonex we) not we L’ 1n seven davs he may not be heard at all If the gnsmer statce thz‘t 116- doeg rcL w be represente bx legctl prqctmoner me court may proceeo at onu wlth the cqce ant, w111 not be ob wed to gwe a hearmg to any legal practltxoucr Who should appedx ates or wishes to be representéf’d‘bx'a légz’xl'”w ‘ i LVCH z Datebf Agplication for copy of Judgement —»—~’—~~———#w— Date of wlnch copy recexve Date on wnlch Appeal sent Whether the prisoner wishes to be represented or not — ,Yes/No. d _~__§ 5; F01l_.___g~v;f__._f.‘._ ”MLLfJL#WaMMhM M - m; M Hi—————--———#——W—— Name—— Contlnued m—«e—r—gj—————————Jar] Qg‘VL L _§_Q3‘ Forwarded to the CHIEF .lUDlCIAL MAGISTRATE No — ——r>~JO—)————————————dated itnnnlhiizfw- § ‘ r ’ ’ ltransrmssron “gu to he pxwiill’35e Court y or judgement or order passed in the case for fmour c L x. to gather’wrth a cop m Date of recelpt 1n C J M S Oflice~——L—v1 £3— —# ~——‘———‘~_.e*~’_,_.,” , Date of recelpt of record to accompany—~— KC fret“ 41¢4,-—-.»:§U “w i aa‘ Memo of Appeal of the Appellate Court Dated Lt f , Na. (9‘ Lv3¥&k__& #40? __/1g#;PJk “so @239] . paw «,1 : % V r mk ‘ ,” F;2 f XI-HC—78 ‘ mmmmw ‘ $‘a‘511'q“"‘3rerwV1W§R , wism mm- ' *wm ' Hon’bie Mr LC $ad99 and Hon’ble Mr Dhlrendra Mushrg, 2~2-2008 Miss Sangeata Mishga, Ora: judgment dicmted on Dais. ' EN L-C- Quadom J: - A r By othis appeai under ' appellant has questioned the of sentenca dated 5-5-1 997 pa sed by the Sessions Judge Ambikapur m Sessnons Trial No 94/96 where y learned Sessions Judge after holdmg the accused/appellant guilty under action 302 of the l.P.C. for committing the murder of his wife Padl, sentenc him to undergo imprisonment for life. Case of the prosecution sleeping in the house in the ni that aocused Padu and his wife Padi were next day mermng Pad: was found dead in the house and the accused was becondmg from hrs house therefore father of the accused Langcla (PW ) gave merg Intimation EXP-5 to Police Outpost Chando Police Station Kusmi on 28-10-1995 that on 24-10-1995 (Tuesday) the accused and his fe (deceased) had gone to Village Mutkr to celebrate Kamk festive! next da both of them rammed they were drunk and , next day moming hrs daughter~ -law was found" dead m the house wher$ Fadu was not at his residence This merg uitimation was sent to Police ‘ Station Kusmi where F i R (E P-4) was registered The A Si Peirce station Kusmi ieft for the scene occurrence and aiter givmg notice to the Panchas (EXP-6) he prepared Panchayatnama (Ex,P~’7). The body was c S I g ' r W 2% q QM, @a’IH‘ Eu Vgaalnmg‘x‘. sent to the Primary Heafth Cenm 5) conducted post-monem on ‘mortem report Ex P-17 in pence custody accused Padu gave memorandum under Section 27 of the Indian mdence Act (Ex P40) and based on that ,‘memorandum weapon of offenq club was taken into possession under Ex P41 Clothes of the deceased {were taken into possession under Ex P42 Site plan Ex P-13 was prepared . After completion of invest! of Judicial Maglsu'ate Fust Cla oase to the Sessions Judge, Amb The prosecution In order to estbiish charge against the amused Statement of the accused was recorded under ich he denied the circumstances appearing a, Balrampur. where Dr. SP. Vaishya (PW~ e body of Padi and prepared the post- gation. chatge sheet was tiled in the Court A Ambtkapur who In tum commmed the apur, fortnai. examined 8 witnesses. Section 313 of the Cr.P.C. in wh against him. ' Learned Sessions Judg after hearings the arguments of Pubiicv Prosecutor and counsel for th r accused as mentioned in para 1 4ngeeta Mishra. learned counsei for the med AdditionalPubilc prosecutor on 'beheif Q accused, convicted and sentenced the thisjudgmenL ' We have heard Miss appellant and Mr. U.N.S. Deo, l of the State/respondent. The homicidal death of Pacli is not in dispute. v" peilant. at the. outset. argued that there is e, accused assaulted the deceased with as has come in the evidence of father of the Learned counsel for the a no evidence on record that ' intention to cause her deathwand we eras grQ?“ W CpAi3$ 3% WW ~' WW um??? 1* f3?“W $ Eifw m a 35W. <4??? H‘!?i?'i"§ 3Q} {fagR \ Mmmwm ‘ , .- 37- $m¢afrrm v é, accu5ed and father-in-!aw af the deceased thatdn the fatefui day beth of them returned from Village: Mut " after consuming iiquor, t: appears that In the night qUarrel took piace ‘the two and the accused assauned the deceased With club which acci entally fell on the stomach as a resuit of which spleen & liver were ruptu . Therefere. offenee against the accused! appellant does not trave! beyond action 304 Part4! ofthe I.P.C. V " On the otherhand, Mr. De supported the judgment of the trial Court. As per the evidence cf gda (PW-‘1). father of the accused, it is established that the accused an the deceased returned from Village: Mutkl after celebrating Kartik’t‘estiva both had consumed liquor, they were sleeping sin the night, next da morning Padi was found dead and the accused absconded‘from the ouse. 0n 141-1995. the accused was r arrested, he gave memorandum Ex-.P-11 andin pursuance of that. weapon ' of offence club was recovered.- per the medical report, only contusion: ’were found on the body of the eased however her spleen & liver were found ruptured Therefore inv lvement of the accused in the crime in question is established Howev r there is merit m the argument advanced by learned counsei for the appe that there rs nothing on record that the accused assaulted the dece with intention to cause death. it appears that when’both the accused an. the deceased were drunk, somerquarrel took place and on that. in a he ot passwn. all of a sudden the acoused assaulted the deceased With clu the stomach as a result of which liver 8. ‘ spleen were ruptured Therefo it can be interred that the accused has knowledge that by assaultin club his wife may recetve intury, which knowledge can be inferred from the facts But. the intention part has not been a . g ’ may likely to cause death. He and circumstances of the ca Wish??? b ' n r d n l ' c l t a L b r . t s n XLHC—ZZ Wmrwvf?“ ’, F4_» kwmf ~ ‘0 esmbhshed that the accused assaulteJ’the deiféased With intermon m cause her death Therefore, affenceg againsr the accused does not wave! beyond Section 304 Part-Ii ofthe l P C i In tha rasuit the appeal Is partly ailowed. Convictidn ?nd sentence awarded to the accusedlappelant under Section 302 of the IPC are'set aside instead of the accusidl ppeltant rs conwcted under Section 304 Part, it‘bf the t P C and sentenceptto undetgo RI for ten years The aocueed ts m custody smce 1—1 1-1 995, whl has not been disputed by learned Addmonat ?ubl§c' Prosecutor, therefore, the accused has already undergone the sentenoe It is therefore dir that the accusedlappellant be set at ttberty forthwrth Ir not requrred In any ther case Canned copy, free or t,_‘or this Viudgmant beprovided to learned r ‘counsel for the ahpéiiam. Sdl- L C. Bhadoo Judge e s