Loknath Nagesh vs State Of Chhattisgarh
2025 Latest Caselaw 1548 Chatt

Chattisgarh High Court

Loknath Nagesh vs State Of Chhattisgarh on 30 January, 2025

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                             HIGH COURT OF CHHATTISGARH AT BILASPUR
          Digitally
          signed by

                                                 CRA No. 1181 of 2021
          BABLU
BABLU     RAJENDRA
RAJENDRA  BHANARKAR
BHANARKAR Date:
          2025.01.31
          11:18:08
          +0530
                           LOKNATH NAGESH versus STATE OF CHHATTISGARH



                                                     Order Sheet


                       30/01/2025        Mr.M.P.S.Bhatia,      learned    counsel     for   the

                                    appellant.

                                         Mr.Shailendra Sharma, learned Panel Lawyer for

                                    the respondent/State.

Learned Panel Lawyer appearing for the

respondent/State has submitted that in compliance of

the Court's order dated 14.01.2025 the Medical Board

was constituted and the report has been placed by the

Assistant Medical Superintendent, District Hospital,

Raipur dated 25.01.2025, which is reproduced

hereinbelow:-

"We the members of District Medical board, Raipur have examined Shri Loknath, S/o Shri Fagnu, aged 28 Yrs./M, Central Jail, Raipur C.G. He is a known case of Carcinoma Nasopharynx, Post chemo-Radiation Shauts. MRI face+neck done in Medical College Hospital Raipur C.G. on 21-01-2025 shows - No residual/recurrence lesien noted and Nasal endoscopy was done in ENT Department of Medical College Hospital Raipur on 18-01-2025. No residual/recurrence lesion noted."

It is stated by the State Counsel that in view of the

said report, there is no sign of cancer. The report is

taken on record.

Since the appellant is in jail since 5.9.2019, we

proceed to hear the appeal finally.

Judgment has been passed separately.

The appeal is partly allowed. Conviction and

sentence of the appellant under Section 302 of the IPC

are set aside. However, he is convicted under Section

304 Part I of the IPC and sentenced to undergo RI for

ten years.

In view of above, IA No.1/2024 stands disposed

of.

                 Sd/-                          Sd/-

        (Ravindra Kumar Agrawal)          (Ramesh Sinha)
              Judge                        Chief Justice




Bablu