@ HIGH COURT OF CHHATTISGARH AT BILASPUR £ Cr§minai Apaeai under Section 378“) of the Code of Criminai i Pracedure Present: Shri NNaha Roy, Pane! Lawyer for the appellantiState. Respondent Sobha Netam is pmduced in custody. - ORAL JUDGMENT (Delivered on this 30‘“ day of June, 2009) The foilowing oral judgment of the Court was delivered by §ilip Raosaheb Deshmukh, J.: Respondent Sobha Netam is produced before this Court in custody by Head Constable No.437 Kirendra Singh from Central Jaii, Jaodalour. (2) Leave for preferring an appeal against acquittal was granted and the appeal was admitted for hearing on 27-4-2001. (3) The appeal is heard finally. G? (4) This criminal appeal by the State is directed against the judgment dated 4-12-2000 delivered by the Sessions Judge, Bastar at Jagdalpur in Sessions Trial No.161l2000, whereby instead of the offence under Section 302 of the l.P.C. the respondent was convicted Divisian Benah Coram : Hon’ble Shri Diiip Raosaheb Deshmukh and Hon’ble Shri Raieshwar Lal Jhanwar, JJ. Criminai Amoeai No.392 of 2W1 iAuoIicant The State of Chhattisgarh iAgpaHant versus " Respondent Sobha Netam, aged abcut 25 years, S/o Guharam Netam, a ‘ occugsation Cultivation, Rio Viuage Mandoki Khargaon, Police Station Pharasgaon,’ Distrist Bastar, Chhattisgarh @ under Section 325 of the !.P.C. and sentenced to rigorous imprisonment for two years for voluntarily causing grievous hurt to his wife Jamunabai on 22-2-2000 at Village. Mandoki Khargaon, P.S. Pharasgaon, District Bastar. The respondent stated that he has not preferred any appeal against his conviction under Section 325 of the l.P.C. (5) Dr. G.S.Saxena5 P.W.-5, who conducted the autopsy on Jamunabai, recorded the following opinion in his report EXP-7A: Wmammngmw Waslm mm%lwwwmwnmww l simahagatamnwwwwwn 1 thaqmasmwqs§lmwvnamam nagslaagWWWW-Wawaw metatarsal?! ln his testimony, Dr. G.S.Saxena, P.W.-5 did not rule out the possibility that death of Jamunabai was as a result of excessive consumption of alcohol and the damage caused to the l'Ner. The following injuries were found on the bodv of the deceased by him: (1) Swelling with bruise over len malar region 3x3 cms. area. Blue colour. (2) Abrasion with bruise over left side of chest wall over 6‘“ to 8‘“ rib 6 cms. Lateral to mid line, (3) Bruise and swelling over right thenar eminence 6x2 cms. area. Light blue in colour. (4) Abrasion left thigh 12x4 cms. irregular shape. Crusts separated and hypopigmented skin seen. (6) ln view of the opinion of Dr. G.S.Saxena, P.W.-5, the learned trial Judoe riuhtlv held that the prosecution had failed to establish that Jamunabai had died a homicidal death. ln this View of the matter, the \ @§ learned irial Judge was justmed in convicting the respondent under Section 325 of the I.P.C. and not under Section 302 of the LPC. (7) The appea! has thus no merit and is accordingiy dismissed. The tespondent is sent back to Central Jail, Jagdalpur for undergoing the remaining sentence of imprisonment, if any. lf the respondent has undergone the sentence awarded to him, he shall be released forthwith. An endorsement to that effect be made on the production warrant of the l l l t‘l fl / L ‘\ respondent. ‘* " sul- Sd/- Dilip Raosaheb Deshmukh/ R.L. Jhanwar , Judge Judge