DHARMA GIRIH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 28.5.2005 and 31.5.2005 respectively passed by learned 3rd Additional Sessions Judge, F.T.C., Dumka in Sessions Trial No. 26 of 2003/64 of 2004, convicting the appellant under Section 302 I.PC. and sentencing him to undergo rigorous imprisonment for life. The appellant was also convicted under Section A of the Prevention of Witch (Daain) Practices Act. 1999 and sentenced to undergo R.I. for six months I low ever, both the sentences ordered to be run concurrently. Mr. Krishna Shankar, Learned Counsel, appearing for the appellant submitted that he is not a position to dispute the manner of occurrence but the only question is whether the appellant had to commit murder of his mother or not.

(2.) From the F.I.R. it appears that there was hot exchange of words between the appellant and his step mother during which the appellant assaulted his mother with Lathi and legs. The Doctor found one lacerated wound 3"X4" bone deep over frontal region and one abrasion on right waist.