Judgment

Delay condoned.

Special Leave granted.

2. This is an unfortunate case in which the appellant has been sentenced to undergo life imprisonment for committing the offence punishable under Section 302 IPC. The facts relevant for the disposal of this appeal may be noticed. It is not disputed that on 22.3.1999 at about 10.30 PM, the accused came home in a drunken state and when his wife (PW-2) served food, he threw away the food and started quarreling with his wife. In that process, the daughter (PW-3) of the appellant and his son (deceased) who were asleep woke up. His son attempted to intervene to save his mother. The appellant is said to have picked up a chopper and inflicted a cut injury on his son on the back of the left leg below the knee. On an alarm being raised, several villagers assembled but the appellant prevented them from entering his house being in an inebriated state. It appears that later his son was taken to the hospital. The medical evidence discloses that the injury caused his death on account of excessive bleeding.

3. In view of these facts, the question is whether the appellant is guilty of the offence punishable under Section 302 IPC.

4. Learned counsel for the