Judgment Loknath Prasad, J. 1. This appeal is directed against the judgment of conviction recorded by 7th Addl. Judicial commissioner, Ranchi in Sessions Trial no.378/84 through which the sole appellant Jagdish Mahto was found guilty under Sec.304, Part II of the Indian penal Code and he was sentenced to undergo rigorous imprisonment for four years. 2. The prosecution case, in short, is that in the night of 8th May, 1982, the deceased Mahabir Mahto was in his residential house situated in village gurgai Khejurtola P. S. Burmu. At that time there was an altercation between the deceased and his father Jagdish mahto and Jagdish Mahto gave a blow by lathi on his head. After that the deceased in injured condition was taken to R. M. C. H. Bariatu where he died on the same day in course of treatment and the informant on 9-5-1982 submitted a written report which was forwarded by local Mukhiya to Burmu P. S. and on what has in this case was instituted as against the able appellant. The appellant claimed himself innocent in the court below and his only defence was that the deceased had fallen from a cycle and sustained injury and due to that he died. However, the trial Court found him guilty under Sec.304, part II, I. PC. and convicted and sentenced him in the manner indicated above. Being aggrieved and dissatisfied with this order of conviction, the sole appellant preferred this appeal. 3. Admittedly this occurrence took place in the night of 8th May, 1982 in the welling house of the deceased of the appellant because the deceased is the son of the appellant and another informant, that is, RW.2 Indra Mahto is the brother of the deceased, and to prove the occurrence on behalf of the prosecution, Maheswari Mahatain the wife of the deceased and P. W.2, the informant who is the brother of the deceased were examined. Both these witnesses had consistently stated that in the relevant night there was altercation between the father and the son and so the father that is the appellant gave a blow by Lathi due to that the deceased was injured and unconscious and he was j removed to Bariatu Hospital where he died. Admittedly both these witnesses are competent witnesses because the occurrence took place in the night in their house and nothing has come in their cross-examination to disbelieve their evidences.
Admittedly both these witnesses are competent witnesses because the occurrence took place in the night in their house and nothing has come in their cross-examination to disbelieve their evidences. 4. Pw 4, the Dr. Mrs. Renubale held post-mortem examination on the dead-body of the deceased on 10-5-1982 and found a lacerated wound on the parietal region and according to the doctor this injury caused the death. So this fact is well proved that in the night of 8-5-1982 a quarrel took place be tween the father and the son and the father, the appellant, simply gave a lathi blow and due to that deceased subsequently died in the hospital. So as the appellant has given simply one blow. Against the judgment of conviction and the occurrence took place all on a suddenous to family quarrel. So the trial court was perfectly justified in convicting the appellant under Sec.304, part II I. P. C. and sentenced him to undergo rigorous imprisonment for four years and as such it does not require any interference. 5. In the result, there is no merit in this appeal and as such this appeal is dismissed and conviction and sentence as awarded by the 7th Addl. Judicial magistrate, Ranchi as against the appellant in Session Trial No.378/84 is hereby confirmed and maintained. The bail bond of the appellant is hereby cancelled and he is directed to surrender in the Court below immediately for undergoing remaining part of the imprisonment failing which the trial Court will take steps for apprehension of the appellant for undergoing the imprisonment. Appeal Dismissed.