MAN SINGH BANRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant criminal appeal is directed against the conviction of these appellants under Ss. 302/34 and 323/34 of the Indian Penal Code vide judgment of conviction dtd. 18/4/2002 and order of sentence dtd. 20/4/2002, passed by learned Sessions Judge, Seraikella-Kharsawan at Seraikella, in Sessions Trial No.67 of 2001 whereby they have been sentenced to undergo rigorous imprisonment for life under Ss. 302/34 of the Indian Penal Code and simple imprisonment for six months under Ss. 323/34 of the Indian Penal Code.

(2.) Learned counsel for the appellants, challenging the judgment of conviction and order of sentence stated that the entire occurrence happened on spur of moment and on provocation. He further submits that there was no intention to commit murder of the deceased, which would be apparent from the evidence. Though, it has been alleged that Atba @ Raibu Honhaga had assaulted with sword, but no sharp cut injury was found and there is no evidence that the deceased died because of the injury sustained by use of the sword. P.W.-2, P.W.-6, P.W.-7 are injured witnesses and eye witnesses, but their injuries are simple in nature, which is clear from the testimony of P.W.-1, the Doctor who had examined them. He further submits that this case cannot come with a purview of Sec. 302 of the Indian Penal Code.

(3.) Learned counsel for the State submits that the deceased was indiscriminately assaulted, as a result of which he died. Though there was an altercation between the parties, but this case according to the evidence will come under Sec. 302 of IPC.