(1.) This appeal is preferred against the judgment dated 22.3.2010, passed by the 2nd Additional Sessions Judge Baloda Bazar, District Raipur (CG) in Sessions Trial No. 40/2009, wherein the said court has convicted the appellant under Section 304 Part I of the IPC and sentenced him to undergo R.I. for 10 years and fine of Rs.100/- with default stipulation.
(2.) In the present case, name of the deceased is Gazha, who is father of the appellant. As per prosecution case, on the date of incident i.e. 28.7.2008, at about 6.00 pm, the appellant and the deceased were in a state of intoxication after consuming liquor and there was some altercation between them and the appellant assaulted the deceased by Khura (thick club) resulted into his death. The matter was investigated and the appellant was chargesheeted. After hearing both the parties, the trial Court has convicted and sentenced the appellant as aforementioned.
(3.) The appeal is preferred on the following grounds :