Tapen Sen, J. - (1.) Heard Mr. A.K. Chaturvedi, learned counsel for the petitioner and Mr. A.K. Das, learned counsel appearing on behalf of the respondents. With their consent this writ petition is being disposed off at this stage.
(2.) The facts as it appears from the records of the case is that on 1.3.1992 at about 4 p.m. this petitioner along with his friend, Michael Tigga had consumed liquor in the house of the petitioner. After consuming liquor, Michael Tigga attempted to take liberties with the wife of the petitioner and even went to the extent of attempting to forcibly kiss her. Reacting, on the spur of the moment, perhaps himself having become intoxicating, the petitioner hit Michael Tigga on the head with a stout, which resulted in his injury, as a result whereof he (Michael) subsequently died in the T.M.H. at Jamshedpur.
(3.) According to the petitioner, he was tried in a criminal case also under the provisions of Sec. 304 of the Indian Penal Code in Sessions Trial No. 27/93 and by judgment dated 27.7.1994 delivered by the 2nd Additional Sessions Judge, Jamshedpur, it was recorded that "in the total absence of evidence appearing against the accused in support of any prosecution allegations against him. I hold the accused not guilty of the offence alleged to have been committed by him and, therefore, acquit him of the charge levelled against him by the prosecution".;