STATE OF RAJASTHAN Vs. RAKESH @ RAKESH KUMAR

JUDGEMENT

(1.) Calling in question the legal propriety of the judgment dated 02.08.2005 in Criminal Appeal No.304 of 2001, whereby the High Court of Judicature for Rajasthan at Jodhpur, has altered the conviction under Sec. 302 of the Indian Penal Code, 1860 (for short, 'IPC') to one under Sec. 304 Part-II, Penal Code and restricted the sentence to the period already undergone. It is submitted by Dr. Manish Singhvi, learned Additional Advocate General for the State of Rajasthan, along with Ms. Divya Garg, learned counsel for the appellant-State, that the High Court was not justified in converting the conviction under Sec. 302 Penal Code to Sec. 304 Part-II, inasmuch as there was clear motive to commit the murder.

(2.) Per contra, Mr. Varinder Kumar Sharma, learned amicus, has submitted that the High Court has on proper appreciation of evidence on record, had come to hold that there was no previous rivalry between the parties and the cavil took place relating to a trivial matter which led to a fight and injuries were inflicted, as a consequence of which, the deceased got injured and eventually succumbed to the injuries. Learned counsel has also drawn our attention to the fact that a singular injury was caused and that too on the spur of the moment.

(3.) To appreciate the rival submissions raised at the bar, we have carefully perused the evidence brought on record and the judgment passed by the High court.