MD. SULTAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) We find that the paper books are ready and the appeal is ripe for hearing.

(2.) The appeal is directed against the judgment and order dtd. 7/12/2015 and 8/12/2015 passed by the learned Additional Sessions Judge, Fast Track 2nd Court, Barrackpore, North 24-Parganas in Sessions Trial Case No. 2(12) of 2012 arising out of Sessions Case No. 364 of 2011 convicting the appellant for commission of offence punishable under Sec. 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.5,000.00, in default to suffer further simple imprisonment for a period of six months more.

(3.) Learned Counsel appearing for the appellant argues that the appellant did not have intention to murder his wife. Evidence has come on record that the relationship between the couple was good. On the fateful night, appellant was drunk and in the course of altercation, in a fit of rage, he had dealt a single blow. As a result, his wife died. Hence, conviction under sec. 302 Indian Penal Code to be altered to one under sec. 304 Indian Penal Code.