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Head Note

Indian Penal Code,1860  - Section 304

Culpable homicide not amounting to murder - Conviction and sentence - PW.1, along with his brother the deceased went to a restaurant where his friends PWs. 2, 3,4 and another person joined them - Appellant accompanied with 6 others made an abrasive comment on the complainant party - Deceased however laughed at him on which the appellant took up a bottle lying on the table, broke it by hitting it on the table and stabbed the deceased on his neck - Trial Court acquitted all the accused - High Court relying on the evidence of PW.1, the medical evidence, and the test identification parade held that the appellant was involved in the incident but as the incident was the out come of a sudden quarrel, therefore, convicted the appellant under section 304-Part II and awarded 3 years RI - Appeal - PW.1 had indeed been present when the incident happened - Accused were not known to PW.1 before the incident - Physical description of the appellant was given in the FIR itself - Held that in the absence of any evidence the suggestion that PW.1 was drunk, is completely baseless - Conviction and sentence order passed by the High Court upheld - Appeal dismissed.

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