- (1.) HEARD the parties on merits.
(2.) MR . Dilip Kr. Prasad, learned counsel appearing for the appellant, submitted that at best, the appellant could have been convicted under section 304 Part -II IPC, but he has been convicted under section 302 IPC. Counsel for the State supported the judgment of conviction and sentence.
(3.) IT appears that on the occasion of 'Karma Puja', the appellant fell on the body of the deceased Madho Oraon @ Lauda Oraon, who happened to his nephew, on which altercation took place between them and during such altercation, the appellant assaulted the deceased on the back portion of his head by back portion of 'kudal'. It is further alleged that the appellant again assaulted him in the similar manner due to which, he became senseless. He was taken to RIMS for treatment where he succumbed to his injuries.;