BADKOO @ BHIKAM Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 11th of October, 2007 passed in Session Trial 203/2007 by the Second Additional Session Judge (FTC), Surajpur. 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. 100/- with default sentence of R.I. for 5 days.

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

(3.) Mr. Arvind Singh, 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 only argued that on account of collecting Mahuwa fruits, a quarrel took place. In the said quarrel, the appellant assaulted the deceased by Tangiya. There was no preparation or premeditation; there was no intention of the appellant to commit murder of the deceased; the deceased did not sustain any fracture; he died on the next day because he was bought to the house. Had the deceased been given treatment in the hospital, he would have survived, therefore, 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.