TELAM BOJJA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 1st of February, 1997 passed in Sessions Trial No. 241/90 by the First Additional Sessions Judge, Bastar at Jagdalpur. By the impugned judgment, the appellant has been convicted u/s. 302 IPC and sentenced to undergo imprisonment for life. The facts, briefly stated, are as under:--

(2.) Mrs. Savita Tiwari, learned counsel appearing on behalf of the appellant, has not disputed the homicidal death of the deceased. She has also not disputed the involvement of the appellant. She has argued that in a sudden quarrel the above incident took place, therefore, in the facts and circumstances of the case, an offence u/s. 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.

(3.) On the other hand, Mr. Arvind Dubey, learned Panel Lawyer appearing on behalf of the State, opposed these arguments and supported the judgment passed by the Sessions Court.