JAGARNATH BHUIAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the Judgment of conviction and order of Sentence dated 23.1.2004 and 24.1.2004 respectively, passed by 1st Additional Sessions Judge, Fast Track Court, Garhwa, in S.T. Case No. 385/99, T.R. No. 171/02, convicting the appellant under section 302 of the Indian Penal Code and sentencing him to undergo R.I. for life.

(2.) The prosecution case in short is that the informant Jogan Bhuinhar (P.W-3) lodged a Fardbeyan on 22.2.99 to the effect that his father-Amir Bhuinhar after returning from the market was going towards his new house. When he reached near the field of Fulchand Bhuinhar, the accused/appellant-Jagarnath Bhuinhar and Rama Bhuinhar (absconding) armed with 'lathi' came there and started abusing the father of the informant as "Dian", which was protested by him. Hot conversion started between them, on which the accused persons said that they will kill the father of the informant. When the informant intervened, the appellant assaulted his father by means of lathi, due to which he fell down. His head had broken. The village doctor did not come and then in the morning when he was being taken to hospital, he died.

(3.) Counsel for the appellant submitted that at best the appellant could have been convicted under section 304 Part II of the Indian Penal Code.