VINOD KUMAR Vs. STATE OF C G

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30th of September, 2008 passed in Sessions Trial No. 38/2006 by the Sessions Judge, Korba, District Korba (C.G.). By the impugned judgment, the appellant has been convicted u/s. 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 1,000/- with default sentence of R.I. for 6 months. The facts, briefly stated, are as under:--

(2.) Mr. Yogeshwar Sharma, learned counsel appearing on behalf of the appellant, has not disputed the homicidal death of the deceased. He has also not disputed the involvement of the appellant in the incident. He has argued that in the above facts and circumstances of the case, when in a sudden quarrel, the appellant gave single blow to the deceased by lathi, an offence u/s. 302 IPC would not be made out and the act of the appellant would be punishable under some lesser Section preferably Part-II of Section 304 IPC. He cited the judgment of Gurmukh Singh Vs. State of Haryana, 2009 15 SCC 635.

(3.) On the other hand, Mr. Vinay Harit, learned Dy. Advocate General appearing on behalf of the State, opposed these arguments and supported the judgment passed by the Sessions Court.