- (1.) Heard learned counsel for the appellant and the learned A.P.P for the State. 2. Appellant stands convicted for the offence- under section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life with a fine of Rs. 2,000/- and in default whereof, to suffer simple imprisonment for six months, vide impugned judgment and order of sentence dated 13.08.2014 passed by the learned District and Sessions Judge-I, Ghatsila in S.T. No. 27 of 2014.
(2.) The prosecution was initiated on the basis of the fardbeyan of the son of the deceased Lakhan Mandi (PW-3). The fardbeyan was recorded at 14.00 hrs. on 18.11.2013 inter-alia alleging that a dispute in respect of land arose between his father and the accused Seral Mandi. In course of quarrel, the accused inflicted a blow by a wooden danda on the head of his father, as a result of which, he sustained injuries and started bleeding. Within ten minutes thereof, he died. The accused ran away from the place. It is further alleged that the accused was the nephew of the deceased and there was a land dispute between them from before. He accordingly requested for proper action.
(3.) Upon conclusion of the investigation and submission of charge sheet against the sole accused, cognizance was taken and the case was committed to the court of sessions. Charges were framed under section 302 of the Indian Penal Code and read over to him. The accused denied the occurrence and pleaded innocence.;