MASHA MAJHI Vs. STATE

JUDGEMENT

(1.) This appeal from jail by Masha Majhi convicted by the learned Session Judge, Purulia, on December 20, 1963, under Section 302 of the Penal Code and sentenced to imprisonment for life must be allowed. It must be allowed because there is no legal evidence upon which the conviction appealed against may rest.

(2.) The prosecution charged the appellant with patricide. On February 21, 1963, the appellant and his deceased father, Sitaram Majhi, had had an altercation over a petty matter. The son wanted money or rice for going away elsewhere for work. The father was adamant. He would not give what the son had wanted. Irate, the son brought a Fooknal (iron blow pipe) and hit his father on the head so hard that he fell down and died.

(3.) This is a brief, outline of the prosecution's case, which the appellant resisted, with the plea that his father, insane as he was, had committed suicide.