DONBOKSTAR SYNGKLI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The short issue canvassed by the appellant is that the offence committed by him should have been seen to be covered under the second part of Sec. 304 of the Indian Penal Code, 1860 and not by the first part.

(2.) The appellant has been sentenced to undergo rigorous imprisonment for a period of ten years with a fine of Rs.20,000.00; and, in default of payment of the fine, to suffer simple imprisonment for a further period of six months.

(3.) The evidence is clear and the reading of the evidence leaves little doubt as to the incident. It appears that the victim, the step-father of the appellant, was upset with the mother of the appellant because the mother had not dissuaded the appellant from handing over a memory card used on the mobile phone to a friend of the appellant. It appears that on the day prior to the incident, the victim struck the appellant's mother and caused serious injury to her.