BIJAY TUDU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) APPELLANT Bijay Tudu (hereinafter to be referred as 'accused') after suffering conviction for the charge of Section 302, IPC and sentenced to life imprisonment for the said charge vide impugned judgment/order dated 29.3.2003/31 -3 -2003 has preferred the instant statutory appeal for setting aside of the impugned judgment. At the very outset, it has been brought to our notice by Mr. Gautam Kumar, learned counsel for the accused, that the accused by now has already undergone few months less than 14 years, which statement is not controverted by the learned Additional Public Prosecutor, representing the State.

(2.) MR . Kumar otherwise does not join the issue so far as merits of the present appeal is concerned and prays for diluting the conviction from Sections 302, IPC to 304, Part -II, IPC or at the most 304, Part -I, IPC.

(3.) LEARNED counsel submitted that from entirety of the facts, as projected by the prosecution, it is a case which would not fall within the mischief of Section 302, IPC at least, therefore, the conviction for the said charge as already recorded by the learned trial Court deserves to be diluted.