GANESH RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27th of April, 2007 passed in Sessions Trial No. 138/2006 by the Additional Sessions Judge, Janjgir, District Janjgir-Champa, C.G. By the impugned judgment, the Appellant has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 1,000/- with default sentence of R.I. for 3 months.

(2.) The facts, briefly stated, are as under:

(3.) Mr. Awadh Tripathi, learned Counsel appearing on behalf of the Appellant, has not disputed the homicidal death of the deceased. He argued that on account of taking of paddy a sudden quarrel took place between 2 brothers; in the said quarrel, at spur of moment, in heat of passion, the Appellant gave single blow to the deceased; the deceased died after 4 days; he was not admitted in the hospital; he was taking his own treatment and was moving throughout on bicycle; therefore, in the facts and circumstances of the case, an offence under Section 302 IPC would not be made out and the Appellant would be liable for punishment under some lesser Section preferably Part-II of Section 304 IPC.