III/M'MIJIILW f ‘ ‘ V x Givision Bench ({rimiriél) IN THE HIGH COURT OF JUDICATURE AT JABALPUR MP. / griminal Agyeal Noigoj‘i /1998., APPRTuLANI' Mfaihurza S/eL ’Bahalré/m t IN r JAIL, age v 22 years , Occnpation agriculgu‘rg, R[o. Village- mitarpur “PS-Dhorpim’ eh- Lunéra xD/istrict- sarguja./MP‘. / i-Versus- REspo‘NDENT. The State of 14.? thrcuh E ps- Dhorpnr Distéiciw Sarguja. MP. J, / CRIMINAL APPEAL S. 374(2) OF THE CODE 6 CRIMINAL PRGCEDURE- 9 o T 8 g F XI-HC-22 XI—H‘C-22 “which her mother Kuleshwari and father Manjhi came‘and thelmatterf was; I. ‘ reperted in the police station :under P- has not been able to eiICIt any cucumstance whibh makes this ewde ce unreliabie or untrustwgrthy In the cross examination the defe W Tne eVIdence of this Witnes (P W 1) stands corroborated by the ‘ medicai eVIdence of PW —3 Dr K P Vishwakarma who opined that th injury was found on the right Side oft e head and the bone was fractured ‘ Cioti‘ed blood Was present and the I Jury was 7" m Iength as a result of _ which the right side bone of the h ad was fractured The weapon of ’offence Geda was recovered from he piace of occurrence and sent to ithe ForenSic Solence Laboratory, Sa ar and as per the report blood was l i i i ~ln view of the above we are of the cc n the accused/appellant m the crime [r not find any illegairty or Infrmrty m extent i V iDr Shadesh Ahu5a counsel for the the evrdence 1t Is estabirshed that slapped the accused thrice which enraged him and he assaulted 'with iGeda Without any preplan premeditaiion in thespur of moment and in the. heat of passwn Therefore offence . ifound on the sard weapon r I If nsidered opinion that invoivement of i question is eStablished and we do the finding Of the trial C’o‘urt to that accusedlappellant argued that from in the first instance; the deceased agamst the accusedi'appellant does . . lnot travel beyond Section 304 ll of the IPC e e L i