DINESH NIANG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The short ground canvassed in this appeal is that the conviction in this case could not have been under Sec. 302 of the Indian Penal Code, 1860 as the circumstances were such that the offence had to be regarded as culpable homicide not amounting to murder and dealt with under Sec. 304 of the Penal Code.

(2.) There is very little dispute as to the circumstances pertaining to the incident that took place on January 2, 2009 when both the victim and the appellant herein had gone for a picnic with several other villagers to a place called Jrikhla.

(3.) According to the appellant, he was intoxicated and upon being insulted and threatened by the victim, there was a quarrel; and, in the heat of the moment, the appellant took out his knife, stabbed the victim and fled the spot. The appellant apparently immediately confided in his two relatives who were later called as PW 1 and PW 2 at the trial. The appellant also made a confession under Sec. 164 of the Code of Criminal Procedure, 1973 to the following effect: