post-mortem report themselves show that the blood of the victim contained 72.76 mg/100ml of alcohol. The evidence of PW-2 shows that the victim had suicidal tendencies. Such evidence substantiated the defence of the accused that the victim met suicidal death. PWs-1, 2, 4, 5, 7 and 9 did not support the prosecution’s version regarding accused being the culprit. The trial Court without considering the same convicted the appellant only the medical evidence and the evidence of the other official witnesses which is unsustainable. Alternatively, it was submitted that as per the prosecution itself, the accused was drunk and he had no intention to commit the murder of the victim. Therefore, the act of the accused constitutes the offence under Section 304 IPC. The accused has already undergone more than seven years imprisonment. Therefore, modifying the conviction for the offence under Section 304 IPC and confining the sentence to the period of detention already undergone by him, the accused be released on bail. The accused was convicted under Section 302 of IPC. The trial Court should not have convicted the accused again for the offence under Section 323 of IPC. Thus, the appeal shall be allowed. In support of his submissions, he relied on the judgment of Hon'ble Supreme Court in the
