1. This appeal is directed against the judgment of conviction and order of sentence dated 28.5.2005 and 31.5.2005 respectively passed by
learned 3rd Additional Sessions Judge, F.T.C., Dumka in Sessions Trial No. 26 of 2003/64 of 2004, convicting the appellant u/s 302 I.PC. and
sentencing him to undergo rigorous imprisonment for life. The appellant was also convicted u/s A of the Prevention of Witch (Daain) Practices Act.
1999 and sentenced to undergo R.I. for six months I low ever, both the sentences ordered to be run concurrently. Mr. Krishna Shankar, Learned
Counsel, appearing for the appellant submitted that he is not a position to dispute the manner of occurrence but the only question is whether the
appellant had to commit murder of his mother or not.
2. From the F.I.R. it appears that there was hot exchange of words between the appellant and his step mother during which the appellant assaulted
his mother with Lathi and legs. The Doctor found one lacerated wound 3""X4"" bone deep over frontal region and one abrasion on right waist.
In the circumstances, it will not be safe to hold that the appellant had intention to kill his step mother. Accordingly the conviction u/s 302 I.P.C. is
converted into Section 304 Part II I.P.C. So far as conviction u/s 4 of the Prevention of Witch (Daain) Practices Act, 1999 is concerned, the
conviction is upheld.
In the facts and circumstances of the case the impugned judgment of conviction and order of sentence is modified to the extent that the appellant is
convicted u/s 304 Part II I.P.C. and sentenced to the period undergone by him, i.e., about 10 years. He has already undergone the sentence u/s 4
of the Prevention of Witch (Daain) Practices Act, 1999.
With this modification in conviction and sentence, this appeal stands disposed of. The appellant is directed to be released from jail forthwith, if not
wanted in any other case.