Gorakh Mishra @ Kanhaya Mishra vs The State of Bihar

Gopal Prasad, J.—Heard learned Amicus Curiae for the Appellant and learned Counsel for the State.

The Appellant has been convicted for offence u/s 304 Part II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years, though, trial commenced for offence u/s 302/34 of the Indian Penal Code against two accused persons.

The prosecution case as alleged that while both accused and Appellant were playing card which caused some dispute and they got entangled by which Madan Mishra fell down and during scuffle it is alleged that accused Gorakh Mishra alias Kanhaya Mishra picked up a Fahuri which was kept for removing cow dung gave two blows which caused the death. However, occurrence is of the year 1987 and taking into consideration the nature of allegation and evidence it can well be inferred that there was No. intention to kill.

Having regard to the facts and circumstances, since the occurrence is of the year 1987 and occurrence took place in a scuffle during playing card.

Hence end of justice shall meet by sentencing the Appellant for the period already undergone and hence with this modification of sentence the appeal is dismissed.