ETWA MAHLI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned Counsel for the appellants and the learned Counsel for the state.

(2.) The instant appeal is directed against the judgment of conviction dated 01.02.2000 and order of sentence dated 07.02.2000 respectively passed in S.T. No. 403 of 1997 by Shri Prabhat Kumar Jha, VIIth Additional Judicial Commissioner, Ranchi., by which judgment he found the appellant guilty under Sections 326 and 307 of the I.P.C. and sentenced him to undergo R.I for 10 years for the said offences.

(3.) It is submitted by learned Counsel for the appellant that it appears from the F.I.R., evidences and witnesses, that there was no motive of the accused/appellant Etwa Mahli to commit murder of the injured Tijja Mahali and it is a case where he has assaulted his neighbour, Tijja Mahali causing injury on his head. As such, conviction under Section 307 of the Indian Penal Code is bad and not sustainable.