^--: - 3£iys^faa)€..r ?< R./I-W 'wsa»i/ N^). CyA JCL^=4<^t, ' " ^s-) r .s1, ll°.li...2 i 'rr; <s'^-2. Jiil^ ^.:.'?\:.. .... s\ ( ^>(^-^ \-^l^ ^ ^I-d 1--^ r's name ^ _, _,„,.,, -:^_^_._.ip'\. . ' A'. CY ..,;:;._ .n".._,./. • ^.,_,,..^ ' ^ .^l^^^V ^>}AS H.1 '^ in^\-^^}^vlv:^i^-^ frr^^ Residence ,. .^I\<,^^^-,.. ^ A^^\^^^^i^^__^_,^ Seotenced to Under Section. ^^< ^6tf^5 ^sraif- •-^•—^- "'w^-mr^-—OT-^&)li)V53^ T^1&s^ ^.^y''^""--^'^^^' •^<^^^^r^pi^^•^•(^^) It isexplained to the prisoner that ifhe states he wishes to be represeated by a legat praetitioaer the appellate Court will not prjss^d with tbe ca<e for ss/e'i diys ualess ths legal practitioner appcars earlter. Ifthe legal practitioncr does not appear within seven days he may not hcard at all. ifthe prisoiaer states that he does not wish to be repre- ^ed bylegal practifioaer the court may proceed at once with the case andwill not !¥^tjgedto give a bearingto any legal practitioncr who should appear. .Date of Ap^icatiOB for copy ofjudgement ,, ^) L( j l5^L) 2 D»t<?oft whleh copy reeeived, 3 ^||^2e^n^bict» Appcarf seat. -^'f^k '^ '^ \^.\s] ^ ^^- llroi(hsr thcprisoacr wisbcs to bc yeprcscatcd or ift^t.j^.^. iKo s^^^- Namc CoBfjac^ in N&._, ,. -- •-^€\^ M -Spf-^f^r- ^^ warde^ to ihe «^< ^. "^v^^. ^"'<^ '^3, ;i-^^^r^?' PatcdJ^^oV ' ^ W^_£JMQS] ^ri".: v"Q.^z: '^\a-^ ^.c^^•%^^ ^^^ [^^^ <^<^^fy^ py of judgcmcnt or @rder paised ift 4be cas% tor favoui: @f to ^sther wltb •& €Qpy Qf judgcmcnt or @iF^er JMused . ^^^tf^^y^Se^^C^99S1^99^9r^9 ^ ^a^bj>r^g.t,fepA.^p.ll,t. „»«. ^ ^ ^ ?<ec^. ofl- ^^ M ^ y . 0^1 , Sl 'S5{un59i " [. • §l%^m^Ast, ^^.~ ,— : _ , CentralJ^^ipur.(M.PJ fr*<r»-n No. Q^ ' --k .^^ •wrr ? -5L •nr Date &f reoeipt in. ^ Officc. Date of reccipt of record to accompany the Nfffflo @fAppeaI to thc Appellatcccurt. ^•.-..•irui.a.r.^-.'; No. Date4 W9 P>orwar<ied to tiie, Date ©frffceipli«At)p<llateciirt. ,,i p-"" ,,^-..^..ii; ^^aj XI-HC-22 '3'^r'^TFTT^PT, ^Ti1^1l(o, fa^l^y ^TT^T'^T f<^i<=b 'ST^T 5^^ii<=h.^f^a HW^l $b^W 3H^T 'q=W ^Ew:...h..^.0.^^200 'f^ST' ^TT^T'^RTT^H: ^rifcT DiyiBIpN BBNCHi HON'BLB MR. L.C.BHADOO HON»BLEMR. DHIRBNDRA MISttRA. JJ 17.01.2006 Miss Shaiiaila Siaghai, Ad^ Mr. U.N.S. Deo, Additional Oral judgxaent dictated on Per L.C. BSiadoo, J /jocate for the appeUaiit, PubUc Prosecutor for the State, <Pa?^, Sectlcjn jud^ment By tliis appeal under Superiiitendent, Central Jail, questioiied fhe legaUty of jud^s sentence dated 26,4,1994 passe4 Judge, Diii'g ia Scssions Trial N< Sessions Judge after holdmg coinmission of offence uuder Sect coiauiittiag xnurder of his wife D^i imprisoninent for life, Tlie prosecution case, io. a report Ex.P-6 ia th.e PoUce St^ 10.30 a.m. to tlie effect that When he was returmng to his h^ about 8,00 a.m.. Doraaa Siagh his liouse, Upon which hc weutj saw that Dhanai Bai was lyiag d^ the head of Dhaaai Bai aiid bloofi days Domaxi Singh used to ct>Mt(n<i1i 'RTR^ff "^ l^st <P!I^I< i7'3?f^pT ^n^r 374 (2) ofttie Cr.P.C. tlirough ttie ^aipur the accused/appellsiit has of convictiori aiid order of by leamed 2nd Additional Sessions >,47/93 whercby leai'ned Additional tlie accused/appellaiit guilty for ion 302 ofthe Indiaa Penal Code for ^xanai, Bai sentenced him to iindergo bxlief, todav hlas [ef, ia that PW-3, Vishwanafh lodged ition Dondi on 15,8.1992 at about ay moxiimg he went to flie school. >use SaHkram iafonned him that at ixiurdered his wite Dhanai Bai ia to the house of Domaji Sio.gh and ad m tlxe room, tliere was mjuiy cn was oozmg out of it. Siace iast few with his Dhaiiai Bai, fherefore, qu^rrel she went to her mntnm^nial hn^n^ anrf wlien noman Siaffh went-to [Tfr^ ^Psl^l XI-HC-22 ^aET ^|<41d^ ^Tll^^Ko, f^^Kriy 3TI^T'^T ^J<=h 37lt^T 5^^ich ^f^a 3ff^T '^^K ^g^C-lfi 5b^gc|) •^ 200 •i^sr" take her back, she refused to| However, after some time mother residence of Domaii Siagh. Dom^a assaultirig her, On rcceiviag this| for the scene of occurrence, prep|ared givirxg notice (Ex. P-9) to the Paacl^as, postmorteni exaaiiiiation to Pr|maxy where Dr, H.K.Joshi (FW-1) condijicted the report Ex,P"l. The Investigati|ag broken pxeces of glass bangles,| powder under Ex. P-4. He also to<^k under Ex.P-12, plaio. soil aad blo^ After completion of investig^tion, the accused/appellaat ia tihie Cou^t Balod, who ia. tunl coxninitted fhje Judge, Diirg froxu where leamed ^ received tiie case on ti^nsfer.Th^ the offence agaiast the accusedjf On the other haiid, learaed Additional statement of accused/appeUant ^ whicli he denied the prosecutioji mnocent a&d at the time ofmcidefat Leamed Additional Session^ ofAdditional PiibMc Prosecutor aii|< & sentenced the accused/a.ppeUe|nt Para 1 of this judgraent cbl^(<rl<fl<1 4HI*4<yff ^ 'fe^ iPsl^K ^'srf^FT <3T1^[ + coine back with Dotaan Siiigh, ^f Dhaaai Bai left Dhanai Bai at fhe Smgh miu-dered Dhanai Bai by |report, the Investigatmg Officer left the PaacIuiamia(Ex.P-8) after ^ sent fhe body of Dhanai Bai for Healfh Centre, Childaksha the postmortem aiid prepared Officer took mto possession the one coiiib, one bottle of talGuia iato possession the bamboo stick d stained soil under Ex.P-13. ition, charge sheetwas filed agamst ofJudicial Magistrate First Class, oase fbr tdal to leamed Sessions !nd Additional Sessions Judge, Ditrg prosecution m order to establish appellant exammed 08 witnesses, Sessions Judge recorded fhe xidet Section 313 ofthe Cr.P.C. in OL evidence and stated that he is lie was not at the rcsidence, Judge after hearmg the arguments d counsel for fhe acciised convicted in the raanner as 33ientioned ra [Tit^'^fe^ XI-HC-22 -3-^r ^|<4M<L<, ^Tll^^Ko, I®«ni<lll< 'STT^T'^T r^i<=h 3:nt^r ^^icti ^f^a 3ff^T ^I^R Nl^c<1l9b^lcb "^ 200 'fN^ST' ^n^r ^n^^n ^- Hoxxiicid^l death of Dhanai | invoivenient of the accused/app^ concemed, leanied counsel for tliere is no eyewitness to the mcic^ evidence of PW-2 Jaiaa Bai,| accused/appellant coxrdng out ofj worfhy retiance because fhere is ofJamaBai (PW-2) & Upasini Baf ia her evidence that Jaiaa Bai accused/appellaat might have COEJ Having heard learaed coiinj the evideuce, It is true that therc is no conviction rests on the evidence Bsdi PW-2, Jaiaa Bai has stated] broth.er-in-law and on the fatefiill was cookmg meals she heard the upon wlsich she rushed towards that accused Doman Smgh was house after niurdermg Dhaaai saw that blood was ooziag out her sister-m-law Upasiai Bai (PW- saw the body of DIiaaai Bai, the lathi. In the cross-exajiunatic the tiaie of iiicident she was Upasiai Bai (PW-5) was takiag |Bai ia not ia dispute. As far as the ^Uaiit m the crime m question is ^he accused/appellaat argued fhat mt aiid the whole case rests on the who said to have seen the Jthe house, but her evidence is not :ontradiction betweeu fhe evideace (PW-5), as Upasiai Bai has stated jstated on fhe guesswork fhat tlie is|imitted inurder of Dhanai Bai. sel for fhe parties, we have perused B^i. ofhlead Domsjn atiola co<t> chl^td^l^ ^l^ldT ^ ^S Tf^R?R ^'ST^FT'STl^T oit 4- ^yewitaess to the mcident and (he 'PW-2, Jaiaa Bai & PW-5, Upasiai that the accused/appellant is her dav at about 9,00 a.ra. when she ^creams ofDhaaai Bai/'save-save", Ifhe house of Dhaaai Bai aad saw lcoming out of fhe kitchen of fhe ^i, She started shivering when she of Dhaaai Bai aixd bv tfaat time \S] aiso reached there and she also Singh assaiilted-Dhanai Bai wifh i, fhis witness has stated fhat at <|>kmg ineals aad her sister-ia-law ^ut fhe paddy frora the gradinaiy [^f^ ^fe^ XI-HC-22 ~5^[ ^<i^i<y<^, ^-al^^Ko, facni^^< ^ni^r ^ra? '^irew^nw^"^^^^^^^^^^^^^^^^^^^^^^ ^ ^w 'i^^T""""" + 3TT^T^T ^Jch ^TI^T 5^+4icb ^if^^T ^TT^I'^TT8:R ^Tf^T -^-1 Ghl^<n^1l 'HTR^it* ^ 'fe^ <p3i^l< ^STf^mW^T (Pathaua). PW-S Upaaiiii Boi has <|?orroborated the evidence of PW~2 Jama Bai aad stated fhat on 15.8, [1992 when she was takmg out the paddy from fhe gramary she heard] the screams of Dhanai Bai "save- save" aiid when she reached to thel Dhanai Bai was lying on the gr<l present, but Jaiaa Bai was ahready Therefore, ia view of the evid^ of Jaiaa Bai (PV^-2) m the house| body of Dhaaai Bai was lyiag is es^ that after hearing screaois of Dhasjiai Bai she reached to the kitchen offhie house ofDoniaa Siagh and I hoiise of Dhaaai Bai she saw that ^und aiid Donian Siagh was not ipresent there. ^nce of PW-5 Upasiai Bai presence Ipf Doman Singh where fhe dead tablished aad Jaiaa Bai has stated thaf Donian Sin.gh was coTning out of thc kitchen where the dead |)ody of Dhaaai Bai was l}rmg aad blood was oozmg out of fhe heajd, As sucfa, Jarna Bai saw tiie accused/appellaat comiag out of t^ie kitchen where tiie dead body of Dha^iai Bai wa& lying miniediatel^ after she heard ffaie screams of Dhaaai Bai. Nothing has conie i^L the cross-exaaunation fhat any body else was present m the hou^e aad fherc is no suggesfion fhat Jaiaa Bai did not see Domaa S|ingh commg out of the Idtchen, moreover, this is a house niurd^r where the presence of Doman Siagh cannot be doubted, Even th^ugh the accused/appellant in his stateiaent under Sectibn 313 of flde Cr.P.C. has stated that he was not present at the house, but the s^ presence of aecused/appeBaiit is PW-2, who is^sister-ia-law of Doma|n Siagh aad there is no reason for her to iDipIicate Doinau Singh iti 4 fal^^ case for iniirder of his wite, In fact, fhe arguiaeut advaac^d by leanied coiuisel for the [Tft^ ^R^^I le was afalse explaaation as the established from ttie evideuce of XI-HC-22 3T^T^T 'f^iw^snt^T 5h^ich 'Hf^a i^ ^ ^^ ^WM^, ^Til^4i<o/f®«ni^^< 3?T^T XT5[^ ^l^d§5hNi<=fr»<********** ******'****<*'***'******<^1;^ 200 'f^^?" -STT^T'^IT^R:'Hf^T -3" accused/appellant has uo nxerit Upasmi Bai has stated that guesswork but Jaiaa Bai has she saw the accused/appellaat house where the dead body ofDh| Therefore, iii view of the al jnfirmily ia the findmg of accused/appellaat for murder' In the result, the appeal dismissed aad accordiiigly, it is (because there is no discrepancy as Bax must have said on her cat^gorically stated m her evidence <that |commg out of the kitcheii of the Dh^iiai Bai was lyiag< >ove we do not find any iUegality or the trial Court convictmg the wife Dhaiiai Bai. 14emg devoid of merit is Uable to be <|isini^sed. —— oflus (|IS3 Sd/- L.C. Bhadoo Judge chl<llf<rt<flt 'HW^f ^ f^^ <f^1^1< ^3:Tf^F[3=n^T Sd/- Dhirendra Mishra Judge ['Ift^ y^ \