JANAB ALI SHAIKH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Special leave granted.

(2.) While working in the fields Janab Ali . Shaikh and Golam Shalkh had some altercation which prompted Janab All Shalkh to pick up a "Faora" (a heavy agricultural implement) and inflict an injury with the said "Faora" on the head of Golam Shaikh resulting in his death. The trial Court convicted Janab Ali Shaikh under Section 304, Part1, I.P.C. and sentenced him to four years rigorous imprisonment. The High Court dismissed the appeal. Hence this appeal by Janab Ali Shaikh.

(3.) The defence plea of the appellant was that at the time of altercation of Golam Shaikh made an attempt to hit the appellant with a "panchan" and Janab Ali Shaikh tried to resist the same out of fear to his life and used the "faura" for that purpose.