ARUN MANJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Counsel for the appellant and learned Counsel for the State.

(2.) This appeal is directed against the judgment of conviction and order of sentence dated 08.10.2001 passed by Shri Dhananjay Prasad Singh, learned Sessions Judge, Dumka in Sessions Trial Case No. 34 of 2000, by which judgment, he found the sole appellant, Arun Manjhi guilty for the offence under Section 304 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for ten years.

(3.) It is submitted by learned Counsel for the appellant that it will appear from the evidences adduced by the prosecution witnesses that there was a fight with regard to the grazing of the goat of the deceased in the field of the accused and during fight suddenly it is stated that the accused has given a single Lathi blow causing some injury on the head due to which subsequently he (the deceased) died in Dumka hospital. It will appear from the evidences that the appellant has no intention to cause the death of the deceased and actually after some treatment, the deceased had came back to home and due to the lack of proper treatment, suddenly he again became serious, and subsequently, taken to Dumka hospital where he died. In that view of the matter, his conviction under Section 304 of the Indian Penal Code is not proper and it will come under Section 304 (Part-II) of the Indian Penal Code, for which, he has sufficiently been punished and remained in jail.