BUDHU Vs. STATE

JUDGEMENT

(1.) Judgment and order convicting the appellant under sections 304 Part II read with Section 323 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to pay a fine of Rs.5,000/-, in default to suffer rigorous imprisonment for six months more for the offence punishable under section 304 Part II IPC and to suffer rigorous imprisonment for one year for the offence under section 323 IPC has been assailed in this appeal.

(2.) Crux of the accusation is to the effect that while deceased Budhu was having dinner in his residence with his wife Jharna, PW 1 and two children, the appellant came to the house and assaulted the couple with a club. Both of them suffered injuries. Unfortunately, Budhu succumbed to his injuries. Charge was framed under section 304 IPC for the culpable homicide of Budhu and under Section 323 IPC causing hurt to Budhu Sabar and his wife, Jharna.

(3.) In the course of trial, prosecution examined 14 witnesses and exhibited a number of documents.