SHRIDHAR KHANDAIT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 12.06.2003 passed by the Learned 2nd Additional Sessions Judge, Chaibasa in Sessions Trial No. 117 of 2002, convicting the appellant under sections 302, IPC and sentencing him to undergo R.I. for life. The prosecution case in short is that the informant-Subni Khandait (PW 2) lodged a fardbeyan on 12.03.2002 at about 9.00 a.m. before the police that in the previous night at about 2.00 a.m., the appellant in intoxicated condition, was hurling abuses, to which her husband-Sonu Khandait (deceased) asked him not to do so, on which the appellant assaulted him by lathi due to which he sustained injuries and died.

(2.) Learned Counsel for the appellant assailed the impugned judgment on various grounds and submitted that admittedly, occurrence took place in spur of moment and therefore, it cannot be said that the appellant had any intention to kill the deceased and no other motive or reason has come except that the deceased forbade the appellant not to hurl abuses. It is further submitted that the appellant was admittedly in intoxicated condition and the parties are relatives. He lastly submitted that at best, this case falls under Section 304 Part-II IPC and the appellant is in jail for about ten years.

(3.) On the other hand, counsel for the Stated supported the impugned judgment.