XI—HC~78 HW,W,W m . .(zf;Q‘.HB-.L@.3.?./.L.??0 m 1H 200 WW<W> XI—HC—78 EW,WW,W ‘ .Qnaavalé’i‘a/H m WW 13H“ 200 WW(W) x 1 y ‘ \ x1~HC—78 WW,W,W \égg /2m>0 . Cw-A*M0‘ \ WW<W> LN WWW WWW a mmwm m Harm‘s. Evan carpemé’f axe was salt i0 111$ Doctm‘ for €Xamina‘tion anti afTcr examinzuiGn: hf: Qa‘xra raport bx. E-i ‘ \ WWWEWW éamm I J anti apinad that it was possmle to cause, inj‘un‘ with {£16 carpemer am which was found on the imad 0f the dac easad. The- séized m‘ticias Ware sent to {he Foransic Scimce Laboramry, Kaipur Hum Where 1613011 Ex P-18 was rawivad. Aftvsr dMnpiSi‘iOn 0f the im‘wtigmiom charg§ shact red 1'11 the court of J’udicia‘i Magistrate First Class, Gharghoda who m tum. ccmaf§n6d the ca s6 to the S€ssions Eu‘fgé, Raigarh from Whm‘e leamw Addltionai Sessions Eudge received the ease on trmsrer tor that. bu § nied the material appeathtg agaittst him and stawd ma: hi: hag 1mm faisely 3'm‘;)1ic ned by his family msmbérs m the cmmc» m (11E6Sti0fl 311$ 13C“: ES m06€nL Judge nitcr hearing thé counse-i for thi‘ i. Leamed ’tiona‘i Sessmns raspscmre parti6$ and pewsa] of {11-3 lacord, onm‘icmd and‘ sentenwd the accused The prosecution examined 14 witnesses in order to establish the charge agains‘; the accusgd—apps‘liam. Siamnmf of fie accugad was recoraaci unaar . Saction 313 of C12PC m m as aforementionede 3. 7e have heard Shri Tripathi on behalf of the aecused—ztppellmtt and \Shrt Bhai‘ia on behaif of the mate. a Slhri Trlpathi has not disputed the homicidal death of Jageshwar. More over. the eve-witness name V K I e y.“ Phooisiagji-brother of the accused and gon of the (ieceasec‘t and PW, 3 Sonm‘obai~ mother of the accused and Wife oi me deceased have eategorioai‘y stated that the aeoused~appe11ant attacked Jageenwar with the carpenter axe. PYW. 9 Dr. B S Badhai who eomiueted post mortem on the both: of Eageshwar has stated thzt there was an incised wound on the tight paz‘ietal region in the stze or jem X ’njury on the right shoulder of “he deceased. \m. '2 cm x 1cm. braih membrane was vrsrbie thj‘ough the mjun‘, there was another P.T.O. A i F CWHVND- WW #9....‘.00¢’~ XI~HC-78 Hogg/gyoa \ o‘.‘.‘.‘ m; 200 ’ ; mawi%€m%$r 11a furtha‘ opinimwd thaf cause of mmifwm $Wm »x. me death was excessiw hemon‘haga Imd shock. mjury Xound 011 the head of the déceassd was sufflciem in ordinarv course 0: nafura to causa c‘ieath. His repcm is Ex P-9. Therefors. if; View of {11:3 above (mum am‘i mec‘iicai evidancs, it is EIDIHWKEHI H1 flamfa 31’. ~b tar as Involvement of thc .iccusad-apps‘i‘iam in the crima 1'11 quasdon is cowxmmdi that haS aisa mt imam disputvac‘i bv tha iaama‘i counsei for Tin: accussd— ajmrtuam. :xl'ommvm; from tha aviriénca of PW. 1 Phooismg-bi‘othar of Th6 accusw and SQn offim éac-easeé and es‘mbnshed 111a: dwth of Jageshwar wag ¢ , j sonm‘obai- moiher of 1116 accused and Wife 0%the ci€ceas€cl it i5 catabiishvad that the accus'sd-appaiiani was anther of the Cl‘IET‘LE 1n (111637.1(311 and UR- EmUJng O? 6Y1Ci€110 6. ts. 51m Ti'i13athi argued that there W113 no previouo animosity? between the deceasm and {ha accuwd-appéiiam Eiwn accusm‘i-appeiizsm smd his wif-s wem quan'amg; at ma? tum-3, ths (isceassi camq mten‘enec‘i Mid asked the accuasc‘i— appeuam as to Why ha is no: going for Sieop which infuriated the. accuwd 321d mmom any Intention to causo ciaazh of his fathar; ail of a suckien. {he aceu§€<i— appenam' prcl<6d up a carpanter am and attackm‘! hi3 falhar on iris head once oniy, moratore, noihjng can b6 attribmeti tr u m6 mm 001m iS bamd 011 iegai cihmhing the accusad‘appeiiam that he had imemiorr to causw cisaih of his farhér, thorafom 11w offenca does not travei i‘m‘vonc‘; S€clion 304 i II of IP‘C. Ha piaced reiiance on the judgment of Apax Court J1 The case of mm; Erma!) —sf— Siam aa‘ jil’. rspon 9. On the other hanci. 3111i Bhatia to. So far as legai position régard 0t the accused comes Within the deft ition of murder or euipabie homieitie not amountlng to murder is concerned, in r «mgm 425V supponad Ina judgment or the triai Court. ng the. na lure of tho offence Whether the act tne celebrated juc‘igrnent of i'irsiz Sirzgit —v- P.T.O. WW,WW,W WW<W> } XI-HC-78 HW,WW,W W W ..9f:Q:N.?:.§.L3?./.wco a1 200 Wm<W> XI-HC—78 /r‘& WW,W,W 5 m» wb-ww/W’ . ....~.>.~.o.. an; 200 WW(W) matwm WW§WW éxwanéw Jagashwar. Whan fhooismgx mm t( ii‘lr? :m a$Sm1it6d $116 (meeasad Wim U16 c felildown and c3361 spontaneously. ‘z quarreliiiig with his Wife, he mshed Ihmaccuseé (S'mce decmsad) asked 1110ugu :to ms acnon, the accused an :00 10:1 m3 mad. A$ per aoctor’s aw W Willa]. ilé D€Cail36 n3k6d EIIKI 16 di ms carpamar ax: Hem the gm ms ‘b‘mwx’vas so fata? that the brain 1 inflicted bV ths accussd-appeiiam abGva facfs, if cannot be ham tha'i decsaswj and The accused. Jagesnv 3impiy asked mm not to quarrol, Vx docaasad with the accused. More; 0‘- “w'i'th his fafhor so "is to roach to {n woapon lika carpenter axa on mm: 1 ex-‘iomce has catogmicaiiy stated ti' regior: of tho ciscoasod was imhcts boforo him for oxammauon anti a: thsough mo mguxy and me same was causo doath. Sufficiencv to cause G. spontaneousiy on the spot. {Herero causa (1621111 of Jagesnwar was W11t 1a mmckod with carpanter (no the deac part of the body Le. mght pametai re ‘ ) intalVE-HE. K16 iOl‘n 111$ Clothés. EES £1 T6SHH Oi )1ace. The accusea pmxed up a carpenter axe E1113311T61‘ aXS, RS El T6531? Of “7111011, JagSSiEVal‘ ‘hese facts snow that when the accusec! was towards her to attack her with duh, father of him not to éo so. Without gnrmg seeona asked his father with catpenter axe and that ence, the piace where the injmy was inftiotea 1) aged side was on right parietal region aha membrane became \r‘isihie through the wound 1nd Jages‘hwar died spontaneously. Uri the there was any suftdeh quat’i‘ei between the ar- father of the accused (since deceased) hich cannot he said to he a quanei by the fer, that was not a ground to become angry e exteht to attach him, that too with deadly tart of the hodx‘ i.e. head. The Doctor m his at the injuty mflicted on the right parietal 3 by the carpenter axe which was brought s a restdt of which membrane has Visible sufficient in the ordinaiy course of nature to eath can be he‘ld because the deceased died ‘e, the intention of the accused-appellant to rge for the reason that (a) in the first place he .iy weapon: ) the assauit was made on \rrtal gion of the deceased and (3) the‘ assault has P.T.O. ix Z X1—HC—78 ....oo~o. ... WW WW(W) W 200 mmwm WW§WW éK %Wa N Q’EZEGs? XYIYH SUCH a YQI‘C" flat 1‘6‘5Ulk3d 11Hm axgmsm'e oi tm brain mami'a‘zms fm‘oum‘x m3 110w 0t m}m3‘. r0? thé above masonS: W6 an? of fle considersd opillion Iimt it “E15: £1 Cikfai' 011T 02136 OI i11ii1‘d61‘ D€C3215 CEil15€31T§T aXC" (Madly W681)Oi1. Ofl JllS I , caso (ioés not tau unclar Soction 30$? Haw mumi of mmu‘a t0 causa ci‘aa‘rh and 1116 3 Apex Court in Stiiim Si:§si:$. (Supra) on appeimnt placw rqhanco is concamedV it is ‘1 caso when the accusoa and his fathor-inn MW were quan'eumg: me déceaseu ixu’iervanad which waS objsctad 1W the aocusod am? s'mz‘tscl grappimg mth him. 171M 3CCHSE5G 100K 01H a 1331f 01 SClSSOl‘S.’ \ abdomm and most Wlm the rosui'i ti‘x L'Oul'f 116m. Illa? {£16 SCISSOIS W‘ES 'IIOT El ‘ Th6 'EIC‘CHS6Ci ZXSSaHHEG i316 (iéCWIS‘Ei‘L qum‘ei between ms docoaood and {m mom. 111$ dacmsad-father of tho a‘cu and OHI‘i 0n that 1116 EiCOuS€G Mimi!“ caso 13 or no help to the accusad-appsi ER Bl i116 TESUH. “f6 (10 HOT imd Juago has not oommi 33d «m‘ iiiagaiit the acumen-appellant under Saction 3 be alsmmsoa and 1t 1s hore‘m dismisse Sd/- DHmENDRA MISHRA 1113113“: much was sumcicm in the 0rd. panetai Tammi. 1m had the mmmian to causa ‘ i5, a fxs my as i116 Jucignsnt 0t t’h . IFL'. XVh’iCh 16311}€Ci COUHSI?! fOT HR? §C~Cu8€d distinguishabis 011 fact because in th; A « £3 “K1311 111E EICCUS G MiaCKf/‘G 1113 iaH‘bi' WIYH i Sdl- L.C.BHADOO Judge ‘mu, ‘3 grappiing with Ihvs deceased baieem. tha vim Winch he. assauliw the doceased £11 hi3 m the decoased foil down unconscious. 1116 mg 312% wanpon and m Tho suddon guano}. Wheraas m ma proSent case, more was no ' accusod. more was n0 gj‘appiing bemosn sad s1mp1y asked the accussd nm to qum'q‘i, ’a tho decaasod on his heaé. thefefore. this Kant. an}: mom 111 tins appeai. i116 toameo mat y 01' mintmty by comtctmg rmct ssntcncing U2 0i 1.k‘.L‘.. $4. 11S SBCH‘ E'IE app€ai 1S Habit? '{O Judge P.T.O. warm, m,W Q‘MM é $ 5 10W