/, I 11942 000 k1- 1 Ja1l . Father s name es1dence Snd to entece em gvéxx 3} {M‘em 3m ca m EHI‘lu" Ae " ”} 1- a cq Q) g 3 “ “ a5‘} ¢\Qiq‘1_.. ner sect1on 3 'It is 'expamed to the prISoner that 1f he states or w praconer the App the legal practmoner d t l ays he may not heard a al R 3 q‘ ‘.f.;.. Ud C l p I e e sente y legal practr bhged to rve a eal D Ah t t xwhlh i “ te n w I Wheh th p ter e rl ’ .%j Ci‘nd' in .. ~ CZ Fd H tger wc a cOp tssmn to te proper d $3 a“ Awa ate of pplicatin for com} of Judgemen Dae onic copy receved . Da o hich .. ./§.0.t%5. onle £ ”l ; orwared, to the G oath hih ' m h ~<§€4 9‘53 {Ha { y ~ .‘\. <, 2 'bfgl ‘ wvmoh limo) (Chm/me , ac p1 .11 taba‘P‘ “ m Ne am b g 7 y E "ai‘atlwe Mar “mat «awf- 5 §n . yin$irTv§Tq . ishes to e represented by legal he base for seven days unles t s al practitioner does not apear Within s lf the prisoner states that he does not Wish to b repre tloner te court may proceed at once w1th the case and Will t b ing to any legal practitioner who should apear ellate Court Will not roceed With appears f th 1 >£: pto a soner Wises to be represented or net Yes N App t ' eal sen . Ne Y r gl am gig” lTo) %a "a 51té5‘l ‘Ql . a]! \ €A$) aeoatedn 995 ‘1) /é[? y of Judgement or order passed in the case for favour ellate Cour nden rrata mi D p n ate of receit i ate o receit recon Mo f ppe em o Aalto ih i to acCma‘ny th i ”offce r. op e e ellte ‘court "‘ ’34 9 / () ‘ .P R // MO 1 ‘b’L; . rm g m m 1 mf tm n d b o g h r No.... i w z b g p even i y h no e p \l\ me "cpe h / o \ . u I \1w ® , ,[otwn i @.. 0%trans- * App t. mt e “ “.2 D f p Appa / 3a mew, m m bx’ z— Erijbhandas Edged the rép art Based an this merg intimatiun, FILE. (EXP 2) was registered by the Station House Cfficer, Poliée Station Gurur. The hvestigating Officer left for he Scéne of 9ccurrence and after giving notic (EXP-3T to the Panchas he prepared the Panchnafma (EXP-4} of the bsdy . deceased Devki Bai He aiso tack into poSseSs’ion brie galden nose- ring d brokeri pieces of giass bangles under EXP—5, two golden earrings and ne silver'clip under Ex.P‘6. Body 0f deceased Devki Baj was sent for post ortem examination to Primary Health Centre, Gurur, Where Dr. SC. God a (PW-4) conducted the postmortem, prepared the postmortem (EXP-7) and opined that the cause cf death Was asphyxia due to press re over throat. Site plan (ELF—EC} was prepared by the Investigating 6 After completion of investig‘ ion, charge sheet was filed againet the accu edf'appellant in the Court Judicial Magistrate First Class, Durg, Awliogn tum committed the case to learned Sessions Judge, Durg from whe learned 2nd Additional See ione Judge, Durg received the case on trans er for trial. The prosecution in order to establish the offence agaii‘ist the econ ediappella’nt.examined eigh' witneeses: On the other hand, learned Addit'onal Seeeione Judge record‘d the statement’of acoueed/appellant unde Section 313 of the CnRC. which he either pleaded innocence or deniehthe prostitution evidence and stated that he has been {aleely impli ated in the Crime. . Learned Additional Sessio Judge after hearing the arguments of edditional Public- Proeeoutor an counsel for‘the accused convicted &s ner as mentioned in Para 1 of this n d eente ced the accused in the judgment. r WeW r" » f h j t o r n n .We have heard Miss Binu Banetjee, Advoaata fer accusedjappellant and 1h: U‘NJS. DeQ, Additional ‘E’ub‘l‘ic Prosecutor with Mr. Akhil Mishra, ¥ Panei Lawyers for the State] respondent. Homicidal de'ath 0f deceasei Devki Baj is not in ciispute, As far as involvement of tk‘e accused/appeilant in crime in question is‘ c noemeci, learned counsel l‘or the accused/appeiiént argued that dau ters and sons of the aocu , who were at the residence in the fatefui nigh' , have not been examined. N ne of thewitnesses have stated that they saw he accused in the house, or oming to the house of leaving the house. The rosecution has failed to pr e the motive. She placed reliance on the jud en't the Hon‘ble Apex Cou t in the matter of Vadugu Chanti Babu _ Vere s State ef Andhra Prade reported in A.N.J. Supreme Court 2003 (1} as aiso on the iudgment of High Court'of M.P. in the matterof Moh n V State of Madhva Prad sh reported m Acquittsd Cases 2005 (1} A 162 M PA On the other hand learned Add1tiona1 Public Prosecutor for the Stat sup orted the unougned [udgmer of Lhe trial Court Havma heard eanxed com eel for the partles we have De1 used the and nee recent as well as Judgm 'nt of the tnal eourt Aw” A As fax as the mauve 1s oncenled, 1t. is settled law that 1f the Lutlon ’ r‘stablxeh tl e mutlve egg there vs ewdenee to Lonnrpt the ccueec. w1th tnc Fume, tn? accused can be Ponmcted based on the ewd nee As tar as second argum t advanced by learned counsel far the aroused/appellant that nn bnd had seer» thF‘ aroused in the house of "o m rhe house or leavmg t. e house 1s cohcerned PW MLkLndram s .u d 1 11s ewdence that h s house ls near the house of accused, in :h tefL I ht at about 10.30 p.111. he went for sleep and within 10-15. i)1 0$ L g a f l t... {that éfed s s e XI-HC-22 WW ' WWW1§WWW §§aamm ' how he has died..Thereafter minu es he heard the scre’éams accu ed’s hou$e and Baraturam K. door. On hearing this, he also ca] of th house of accused 9n which “say save”. Door was bolted fro: not o ened by the accused After abou 3 00 a m he agmn hsard th name out 01 *he house and saw the hous of accused. Serpench Raj died, on which he teki the varpam . he a see h w Devki Baj died. After gain ins'th cot, her body’was covered‘ w of} th‘ Eround and there were sore aske the Sarpmch to lodge the re the otwar lodged the report in ’staie that there are three sans a the f teful mght, d in hisrevidence that‘in the fateful night ’ on b ing called bv Rajuiai he wenut to the houee of accuéed and eaw that Wlfe f accused was hang on the m OP Ioeged 111 the pouce stahon and w elder son of the d PW-Q Bx‘ijbhamiae has stat: .nEpI1 lice statlon and ioaged the crop i: ammanen that he went a1 bodvl res watched bv Reguram, Ra PW 3 Rajurem, barpanch c I it on seeing this he said that report ie t0 thereafter, he alon wi‘tilfccused went to report EXP-1. He further Stated in the 1mg with accused to lodge the report arid mau 3.5 Buddhu. ccused came to ins heuse If the Viilage, has stated in his evidence [dew -1(Pa {which were coming‘i‘rom the sirie of vas caliing accused Agaharu to open the ne out of the house and reached Vin front he heard that wife ’of accused was saying n inside and even on knocking door was ” some time cries of Devki'Bai siienced ”At = sorearns oi the daughter 0f accused, he t the Val‘age Sarpanch Paguram kzoKul & vulagers were standing m irontot the uram informed him that Devki Bai has :h that in the night she was raising cn‘es, §ked Ramauram that }et u‘e go inside and g inside, we saw that Devki Bai was ytng ith the bed sheet, her nose-ring was tying tches on the ground They came out and aport tn the police station and thereafter, the cross-examination. this witness has nd t o daughters oi the aeeused and m shused was atthe residence ‘ and informed him that on account of / his s n, one Ramauram and other XI-HC—22 WWW§13@W- $37Wan’m stomach pain his wife has died, on thig he asked the aacused ta c311 the villagere and also the Kotwar. On reaching the house of accused they saw that wife of accused was iying dead in the comdar and pieces of broken ‘ gias‘ bangles were lying there, therefore, villagers raised suspicion and it was decided to lodge the report and as sgch, accused, Kotwae and eider brat ier-in—Iaw of the accused wexe sent to the police staticn for lodging the repo “t. He has further stated that, cn enquiry from the accused he informed him that his wife has died on acccunt of stomach paint Accused infcmed the ame thing t0 the Villagers als o. In Para-4 of evidence this witness has stat d that broken glass bangles and one gcld‘en nose~ring were iying‘on the ’ grounch which were taken intc p0 ssession by'the police under EXP—5. PW—4 Dr. SC. Godheja, wh: conducted the pastmox‘tem examination on t e ebodv of deceased Devki Bai. has stated that there was redness on the ‘ ocal cord of deceased, which waa in the size of 2"x 1*”, on dissection he our that tissues 8s muscles we “e injured, clotted blood was present and there was ne other injuiy. In the Windpipe and throat there was swelling, botl lungs were ccmgesteci, there was injuries on the sternum mystaicl musclelarid the doctor has further i stated that Devki Bei died on account of aspt yxia due to pressing of nee <. PW-5 Baratu has also stated that on hearing the screams of a lady ’fr Side of the house of accused he along with Goverdhan went to that s , they knocked the door but door was ciosvrd from the inside and after s me time domains were silenced. 1n View of the above evid nee, it is eetabliehed that the accused him-itch" went to the house of nch Rajuram (PW—3} and informedhim that his wife Devki Bai has die on aoéonnt of stomach pain. Even the accused informed the villagers same thing and thereby he gave false information to the villagers Wh reas, as per medical evidence of doctor (PW-4) who conducted the poetm rtem on the body of deceased, there was » [‘iie'éfee ' i e : S a XX-HC-Z’Z mmfiwm .’_{,- *mm I‘e'dnse on the vocal cord of the deceased in the size of ‘2”x1” and gm dies ction he found that tissues & muscies were iriju’red, clotted bleeci was pres nt, there was no other inju r anai cause 'of death ef the deceaseti was ‘asph Ida due to pressing of neck. ' Bai was hafnicidal in‘nature. Me eover', the bbgrfgfezgédeceased W$re i‘¢und 0n t e gmund ahd there were ab sion over her elbows and this fact shows that here wasiiso‘rhe struggle \ insi e the house. The neighbourers heard the sore s of Devki Baj and even ‘er knocking of the door, same wee net open d, from the inside. There re, all these factors suggest that the accu ed gave false information to the Serpench that his wife died on aoeo nt of stomach pain. Mar ver, in the cross-examination of these \ witn sees the accused has not bi en able to raise anv defence that he was not resent in the house, somebo y else has cammittecl the crime, whereas, ‘ ~ he t ck. the false defence that h' Wife died‘on account of stomach pain. Acco clingly, all thesecircumstanees are siiggestive Adg— afthat‘the m accused was the only author of crime in question and there was no possibility of invol ement of any third person it. the crime in question. So far as the judgments cited‘ by learned counsel for the accused/appellant are Concerned the ease of Vadugu Chanti Babu {supra} is di cone usion that there was no evujcncc‘ to show that anybody ether than FW-l saw the appellarit either co ning to the house or leaving the house or near about the house, whereas, iyl the present case accused himself went to the Serpenoh of the village, gave false information and moreover, there- is no suggestion in the moss-examination of any of the witnesses that accused was not at the residence when the crime in question was committed. Similarly, the ease of Mohan (sup‘a) is also distinguishable on facts. in that aThe abeve medical evident: is suggestive e that the death 0f Devki tinguishabie on facts. In that case the Court $ reached to the l [VieW XI-HC-22 _. 7.—r ‘ ‘ mw WW \ammm ‘ case the Caurt reached to :he'cc inclusioh thak there is no circtumgtaniial or f dire -'£ evidence tc'cormect the ac in f e present case from the ‘evk ‘ of t e accused in the crime is c1: As far as the non—exami merelv on the basis of non—examination of anv itness the brosecution‘case cannot be disbelieVed when there is other secutibn has selcceeded'in establishing the the present case from the evidence, as iation has been-able to establish the i the crime in question, therefore, non- x i 0t find anv iiie‘galitv or infirmity in the- refore, the appeal being devoid of merit is jinglyg it is dismissed. , cused with the crime in questicn, whereas, ience, as discussed abovekhe involvement ,ariy estabiished. eon -.emed, it is settled law that nation of Puneet Ram, s'on 0f accused is v evid n’ce based on which the p'rc cri e against the accused. In disc ssed above,‘ the prosec invo vement of the accused ii e nation of Puneet Ram is in In the result, we do r jud went-of the trial court, the ~ Eab e to be dismissed and accar‘v 7 iSd/_ L.C. BIHADOO i i Judge iv‘ i~.. RQShaIi / — r imate'rie} . Sdl- r Dhirendra Mishra' Judge 1" 1 i J i I i, I -i F [View