HARIPADA RAJAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 3.9.2002 and 6.9.2002 respectively passed by learned Additional Sessions Judge, F.T.C.-II, Jamshedpur, East Singhbhum in S.T. No. 91 of 1997 convicting Appellant No. 1-Haripada Rajak @ Hari Rajak for the offence under Section 302/34 of the Indian Penal Code and Appellant No. 2-Shankar Rajak for the offence under Section 302 of the Indian Penal Code and sentenced each of them to undergo life imprisonment.

(2.) Ms. Amrita Banerjee, learned Counsel appearing for the Appellants, submitted that it is clear from the evidence that Appellant No. 2 Shankar Rajak gave one Bhujali blow on the deceased-Sashadhar Mahato during the quarrel amongst the villagers as to whether the check dam should be constructed first or a culvert over the river and thus at best this case falls within Exception 4 of Section 300 of the Indian Penal Code.

(3.) She further submitted that so far as Appellant No. 1 Haripada Rajak @ Hari Rajak is concerned, the allegation against him is similar to those accused persons, who have been acquitted.