ASHOK PASWAN Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal under Sec. 374 (2) of the Code of Criminal Procedure against the judgment dated 12.03.2012 and the order on sentence dated 15.03.2012. The appellant has been convicted under Sec. 302 of the Indian Penal Code (hereinafter referred to as 'IPC') and sentenced to undergo rigorous imprisonment for life with a fine of Rs. 1,000.00 and in default of payment of fine, to further undergo simple imprisonment for a period of six months.

(2.) At the outset, Mr. Verma, learned counsel for the appellant submits that he has instructions not to assail the judgment on conviction but he submits that a case under Sec. 302 of Penal Code is not made out. He pleads that having regard to the evidence on record, a case under Sec. 304 Part II of Penal Code would be made out and he prays that the judgment be modified in the above terms as also the order on sentence be modified to the period already undergone which is about 7 years which includes the remission earned by the appellant. Before the rival submissions of learned counsel for the parties can be considered, we deem it appropriate to examine the case of the prosecution as noticed by the trial Court.

(3.) The prosecution examined 20 witnesses in all; no evidence was led by the appellant in his defence. Statement of the appellant was recorded under Sec. 313 of the Code of Criminal Procedure wherein it was admitted that he had placed his hand once upon the deceased but thereafter he had removed his hand. He also admitted that a quarrel had erupted between him and his wife and his son (PW3) had witnessed the quarrel. The appellant further admitted that Vishwajeet Sarkar (PW4) had produced him before SI Upender stating that he had killed his wife. The appellant pleaded ignorance as to how her wife died in his hand.