PURAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard Mr. V. Ramasubramanian, the learned Amicus Curiae and Mr. Puneet Parihar, learned counsel for the respondent-State.

(2.) The appellant is aggrieved by the impugned judgment of the High Court of Rajasthan at Jodhpur in D.B. Criminal Jail Appeal No. 669 of 2002 dated 14th November, 2005. The Division Bench, by the impugned judgment, confirmed the conviction and sentence imposed on the appellant under Section 302 of the Indian Penal Code and the appellant was sentenced to imprisonment for life apart from a fine of Rs. 100/- with default clause.

(3.) The brief facts which lead to the above conviction by the trial court and the confirmation by the High Court was that the deceased by name, Kisna Ram, was a labourer and a bachelor living alone in Village Arayan. Just behind the house of the deceased the appellant was having his liquor store which he was managing secretly. It is stated that the deceased on an earlier occasion tried to steal the liquor which was prevented by the appellant after giving a light thrashing. Subsequently, when the deceased tried again to steal the liquor, the appellant is stated to have chased him away upto his house by inflicting lathi blows.