3K', SSB B3SE eOOSS:: GE; BABH3aE86BESH_.^E <3t&a&LgH& '••£°'»&; .^. C&IMINAL AEPS N0. 'y.:^. yi989. .y'. y' Heera I.jal'Et/QMOhitram GoBd;By Gaste '^•" . ~ • ' : '• ' '•'•. .-.'.'' •••-." ••••:' ...' • aged-about 35 Xiears. Siesi&WB.tQf '^ VilJage -Ma3,ga,F•3»-iTainagar« Bistrict-Sar§agia,M.p. . |' Versas •.» EESPOHBEHT- sta^e©fUadlasa Braflesh,'Ebroagb "''. j Ei>S.;i3'alnagar. ! ;S&aa2KM>.Afi.E'ESAfel,^aSR!:iSS®®BaK374 @E •SBS '®C©BBiE:.(%B :CSt3^SS!lS!SS:B<SBBBS& ^XSy^^ ";;: ";:^'-"':-: ', ".. :^~^i ^"~7} XI-HC-22 ^^^tRRPI, ^t?W. iSv^^ ^^^.t.m %nN;"'~""'"""" / w'( ^Tiifepfrr tnn^i •?fs^ •d^R?R ^i-aifOTantw sn^i^ ft'lies •Bl§?i gTqWtRtI Dr. N.K.Shu'kla, Senior (pounsel; assisted by Shri Kailash Rao and Shri'Sunil Mersa, for Ijlie appellant. ' Shri' Utkarsh Verma, ^, JG;A. for the'^tate. The appeal is heard finall|; Vide order dated: 22. 11. appeal has been admitted only < .990 passed by this Court, this ))n the question of sentence. The appellant was convi(|;ted under Section 304-11 of the- I.P.C. and was sentenced to u|'iderg0 R.I. for three years vide judgnent dated 25.11.1989 |lelivered by " Shri S.K.Mishra, •Second Additional Sessions Jud^e, Ambikapur. Brief facts ai-ethat fhe diceased Lali Baiwas thewife of ths accused appellant. 'On 24.^ the appells.nt assaulted Lali Bai Bai suocumbed to the head injuij 1.1987 upon a sudden quarrel, lover the head bv "Peedha', Lali ]|y and died on the spot. Post-mortem report Ex.P.9 revealed that. Lali Bai suffered the following external injuries:. ij Contusion was pres4nt on the skul-I over left frontal region sized 3 cm x •u) Lacerated wound wg of skull sized 4 cm 2 cm x 1 cni reddish in colour. On opening, scalp clititted blood was present.' present in left parietal region x 0.5'cm. C.lbtted blood was llll present, Lacerated wound wajs present on the left occipital ai-ea of skull sized 3| was present under th| Vs cm X 1 cm. Clotted .blood scalp. Ante-mortem injury. • ::]:ll XI-HC-22 airoiq;; 1?;ITai'3i1^3T 97qNi"gf?tT' '*-^ienl <^ t^ -^MM, ^atens, ^TOiy TITHefI sh*i TN?T''ft;i'tii!:i?if ^'fe^ ^n?ft ^srispTSD^r There was a fracture .of| with haemorhage and blood <t shows that death was due resu!t of head injuries. • Dr. N.K.Shukla, leam< behalf .of the appellant lia.s pl\ vs. State {DelhiAdmn.) report Singh vs. State of Pu.nnb re[j has contended that the app| about. 27 months. and it is 'a be reduced to fhe period alr^ On the other hand, Shri Utkaj State has opposed the prayf awarded by the trial Court. Having considered & considering the injuries sus' considered opinion that sen.1 does not cail for any interferer In the.result, the appeal :He skull in the left occipital i-egion lots presei'it ' The medical 'opinion o inti-acranial haemorrhage 'as a ;d Senior Counsel appearing on iced reliance on. Dev, Narain Pande in 1988 (1) Crimes 251 and Desa orfed in 2003 Cr.L.J. 3986 and illant' has already undergone/ for it case where the'sentence should ;ady uhdergone by the appellant. •sh Verma.learned counsel for the ir while supporting the sentence ie riva] contentions , and also [ained .by Lali Bai,.'I aai of the ;nce awarded by the trial Gourt |ce by.this Court, isdismissed, j^. *•».. 0'iW (la'os»'^°"B"" 3Ud9e "•<-.• ia