LOHARAN RAM Vs. STATE OF C G

JUDGEMENT

(1.) This appeal is directed against judgment dated 18-03-2008 passed by Sessions Judge, Jashpur in Sessions Trial No. 97/2007. By the impugned judgment, accused/appellant Loharan Ram has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life. Case of the prosecution, in brief, is as under:

(2.) Shri Pankaj Agrawal, 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 blow to the deceased by the Martul (hammer) an offence u/s. 302 IPC would not be made out and the act of the appellant would be punishable under some other section providing lesser punishment preferably under Part-II of Section 304 IPC.

(3.) On the other hand, Mr. Akhil Mishra, learned Dy. Government Advocate appearing on behalf of the State, opposed the above arguments and supported the judgment passed by the Sessions Court.