BHOLA MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) We have heard the learned Amicus Curiae appearing for the appellant and the learned counsel for the State at length.

(2.) This Criminal Appeal arises out of the judgment of conviction and the order of sentence, both dtd. 25/11/2002 passed in Sessions Trial No. 190 of 2001 whereby and whereunder learned Additional District and Sessions Judge, Fast Track Court-III, Giridih convicted the appellant under Sec. 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life.

(3.) The learned Amicus Curiae appearing on behalf of the appellant argues that this case cannot come within the purview of Sec. 302 of the Indian Penal Code. There is contradictory statement of PW2, PW3 and PW4 so far as the murder weapon is concerned. PW2 had stated that the deceased was assaulted by lathi. Whereas PW3 and PW4 have stated that the deceased was assaulted by iron rod. It is his contention that the entire incident occurred in the heat of passion when a sudden quarrel had taken place due to watering of the field, thus Exception 4 of Sec. 300 of the Indian Penal Code will be applicable in this case.