NEMAI MAJHI Vs. STATE

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 8.4.2003 passed by the learned Additional Sessions Judge, 2nd Court, Bankura in Sessions Trial no. 4(1)/2002 convicting the appellant for commission of offence punishable under Section 304 Part II of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 5,000/-, in default to suffer rigorous imprisonment for 1 year more.

(2.) Prosecution case, as alleged, against the appellant is to the effect that on 6.10.2001 at about 7 p.m. there was a quarrel between Bangshidhar Majhi and the appellant and in the course of the quarrel, the appellant hit Bangshidhar with a lathi and as a result Bangshidhar fell down and had to be hospitalized and expired in the early hours of 7.10.2001. Over such issue, wife of victim-Bangshidhar, Malati Majhi lodged criminal case and charge sheet was filed against the appellant under section 304 IPC.

(3.) Case was committed to the court of sessions and thereafter transferred to the court of Additional Sessions Judge, 2nd court, Bankura for trial and disposal.