STATE Vs. SANKAR NAIK

JUDGEMENT

(1.) IN this appeal under Section 378, Code of Criminal Procedure, the State Government has challenged the acquittal of the respondent from a charge under Section 304, I. P. C. The learned Asst. Sessions Judge has convicted the respondent under Section 323, I. P, G and sentenced him to undergo R. I. for nine months.

(2.) PROSECUTION case, in short, is that in the evening of 23.7.1979, the respondent abused his mother and when protested by the deceased, the respondent dealt two lathi blows on his head which ultimately resulted in his death on 2. 8. 1979. It is also alleged that the respondent dealt lathi blows on the other parts of the body of the deceased.

(3.) THE plea of defence u one of denial and it was stated in the 313, Cr. P. C. statement that the deceased was drunk and sustained the injuries on account of fall.