0933 jiIIHgLwyyMloIlgmuuHill'] Mumw? CECé‘QILL; .. ‘ é‘visio‘n’ gench (Crin'énai) m;~:§3.§§:;w. _ We gwx%§v?x®%rq 4 ‘\ i Fdchégs Mme «wrmwmwwwmq/gjjResi dvwcemj . . /~ £g§®HISONER,—/ g“ _ _ , W A E" g “Ka ’ under 3‘5Cti9“ J3 ° 2 Ei’;£thY .333 WW“ ‘ V It 7‘s Explainat’i ts the prisonSI thqt if he states or wi S‘has t:- b‘e E’sgreswtgdrby d legal practitisner‘ the {\pgellate ccuz’c will nct proc with the base ‘for $even ddys unless the ls:gal pract'tioner gedrs. If the l‘egdl p-rdctiticner dces mt appear. with the ssven days he m¢y he hedrj at all if: the priscner sagtgs thdt the dass nctwi'sh tc be reprxsintedvby legdl pract§icner the Cburt mdy prcceed at Lnca with the case and will md‘c he cbliged tc givs c1 hearing to any lagaJ proct_ iticher who: ’Sl’Tpuld appear, 1n Edte ct‘ upglicat‘ich £cr copy cf Judgemeni: : Eivb‘ {A k 1‘ ‘t é ¢ 3e; \ 2 ‘ 96 J 4. whetmér the priscnmr wishad to be ' V repres§shted gr hat YES/h??? Jae _S;“a: A/Sdvu encai 'CQ '4‘ i SEN, 12/33" Li jwhish bcpy zscaved : 3E Date on‘vwhich agpeli‘ssnt z- M1»§i§-;vN<amegi§% *khVE @%mw' *“Wg ‘%mm Cmtémed in .; m___.__Jailyw::§§%_m~ Nv-uj—zy ‘ _____;ggiggg -95#_Ddted -EEijiLié LWMM Ferwamed ixgeth$r with ta the {A copy CHIEE of JUDIcuL judgement . Mw‘IsmJtE cr . axd i. “r WJ pasned (b ’ in the mm; § case t 'c r Lqv " hur cf t.ralsml 3 'ss'en 1 tru th.~: p r0p; “I ‘f " / int'v'c hurt.- x» “a Nam Superin” ‘ > ’ Wl/‘DisttJ Margy. Ddte 31E re‘ceaipt in C.J.M‘s O££iceo Date of receipt of. r$ccrd c£ acccmpcany: Memc; w; Aispc'al oi the Appellidte Cunt. N; :9 ‘ *__~__%’M_ .___.4 , wwwwww *_W_Lé_:_.£_w_w_ r a, Rammed- ta ma H’m m‘xwr MJ_fu§/’M:é 5ae¢%& 5& / C.J. Magi $t 1:;11: e 1.7x. ' Date of récaipt o£ wppallidtg cgurt. L {7 g 1 1 {E Mw “ M p / ‘ — ’ ‘ ' . 9 f hj Xi-HC-22 XI—HC-22 é " avafmaxsr E were fractured. Durlng frea‘l’mem on 16.11.1994 Poyarni Modda succum d +0 'l'he injury. Receiving reporf given ouse Officer, Police 51‘a'lion 'Kodenal 'regisfered fhe F.I.R. (EXP-6) under Section 307 of 'l'he Indian Penal Code. ad gave memorandum (EXP-7) and' in Jon of offence was recovered under Ex.P-‘ faken info possession under EXP-9. The .Inves‘hgafmg Officer Took Info p by PW-4 Mifki‘ Bai, S‘m'fion While in police cus‘l'ody, accus pursuance of Tho? fhe axe ie weaq 8 The shir'f of fhe accused was :ssession The blood s'rained soil and plain sell from‘fhe place‘of occurrence under Ex.P-10. As, during freafmenf Poyami Modda died,‘+herefore, Thi of fhe Indian Penal Code. Dr. posfmorfem examinafion on fhe posfmorfem reporf EXP-3. ‘ Affer comple‘fion of inves figafion, charge shee'r Was filed in The. C‘our'l' bf learned Judicial Magis‘: ‘ comml’r‘red The case 'l'o leamed 5e a Dr Naresh Chandra Lange (PW-’a) examined The injured and found Thm‘ K fher'e was an InJury on ‘I’he spinal cord in fhe size of 3"x1"x3". He also and Agave his opinion regarding cause of inJury Thereaffer Poyami Mod a was referred To Maharam Hospi'rai Jagadalpur where Dr Govmd Si gh (PW 1) X-rayed The spinal cord and‘ found Tha‘i' D-3 6i D-4 ver‘reb p'iepar’ed The InJury repor'r Ex P : offence was’coniierfed info Secfion 302 Pradeep Pandey (PW-2) conducted fhe body of deceased and prepared fhe 8 m3 'ra‘re Firsf Class, Jagdalpur who in furh ssions Judge, Rajnandgaon for Trial. ilnioéfa'a XI-HC-22 of XI-HC-22 Wtm1§wm aksifratrm 1 I ¥ 5w- ewdence Learned ‘counsel 'fotf The accused/appellan‘l’ argued Tha‘r accused/appelhn‘f and deceased bo‘l'h Were consuming coun'l'i‘y made liquor (Wm), They were in infoxicafion is'l'age and as per evidence [of PW-4 Me‘rki ‘. Bahin Thaf process fhey sfar'fed quarrelling arid The accused ‘wi‘thom any pre-medi'ra'ri'on, in a sudden quarrel picked up 'i'he axe and assiauH’ed on The back of The neck of deceased. Therefore, The offence does-noT Travel ibeyond Secfion '304 Par’r-II of 1he Ind‘ian Penal Code. He'fur‘fher argued ThaT even The doc-Tor has noT sTaTed Th‘aT The injury was sufficienT To cause deaTh in ordinary courSe On The oTher hand 5h ri A arwal learned Panel Lawyer for The STaTe supporTed The JudgmenT of Trial ourT Havmg heard learned cou sel for The parTies awe have perused The medical eVIdence as well as eVid rice of PW-4 MeTkI Ba! eyewnTness of The IneldenT PW—4 MeTki Ba: has ca egorically sTaTed in her cross-exammaTion ThaT boTh The accused & dece sed were consuming liquor, during ThaT e idence Dr. Govind' Singh (PW-1) D-3 & D-4 vertebra were found fl‘acfured and as per ewdence of & Dr N C Lange (PW-3) he examined 'fhe InlJured and found one mased wcund m The Size of 3"x1"x3" and same was grievous In na‘l’ure Therefore The involvemen'r of accused/ap'peHan‘r is es'mb‘hshed V In View of ’rhe ocular evidence of Mefkf Boi' (PW-4) and medical ' Xi-HGZZ wmwviwxm . ‘ %a$aq i ncked up The axe and assauh'e‘ ' ‘ edrcal ewdence D 3 & D 4 ve evou‘s in na'l'ur'e; The background, in which ‘ The accused assaul‘red Tha1' The hquor and m a sudden quarrel Th _ w ‘ , The deceased From The fads aTTacked The deceased wxTh Th A r . a. VicerTainly be inferred ThaT whil ‘definiTe ‘kr’lowledge ThaT by cauéi LdeaTh. Therefore, The offence a 304 ParT-II is made ouT and as under SecTion 302 of The Indian In The resulT, The append appellanT Muchaki Boddo alias { ¢ ‘ ‘ ‘ \ F’ i onvrfhe bd<3k of 'l'he deceased. As per r-rebm were found frac‘rured and injury Lecewed by fhe deceased was gr- ‘ccused and deceased boTh were consuming accused picked up The axe and assaulTed iT cannoT be inferred ThaT The accused inTenTion To cause his deaTh, buT iT can aTTacking wiTh The axe The accused had grinjury byThe axe he, may likely To cause‘ ainsT The accused/appellanT under SecTion ‘ch, The convicTion and senTence imposed parTly succeeds ConvicTion awarded To oda under SecTionv 302 of The CrKPC is hereby SeT aside msTead There f appellanT Muchaki Boddo alias Boda Is conwcTed for commissmn of off of The Indian Penal Code and sen AppeHanT Muchakl Boddo rice punishable under SecTion 30¢ ParT-II enced To undergo R I for 10 years ,lias Boda is sTaTed To be in cusTody since 1994 Thereby he is In deTenTIon for more Than 11 years Therefore he be seT aT hberTy forThWITh if noT r wed copy as per rule I qmred in connecTion WiTh any oTher case Sdl. L-C Bhadoo Judge t §f€y a 5% ‘ enal Code cannoT be 'susTainecL Sd/- Dhlrendra Mlshra \ ¢