CHHAGAN SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused-appellant against the judgment and order dated 31.7.1996 passed by the learned Additional Sessions Judge No. 2, Chittorgarh in Sessions Case No. 124/94 by which he convicted the accused-appellant for the offence under section 302 Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 100.00, in default of payment of fine, to further undergo five days' SI. By the same judgment, the learned Additional Sessions Judge acquitted gait. Chhau Kanwar of the charges framed against her for the offence under sections 302/109 or 302/114 or 302/34 IPC.

(2.) It arises in the following circumstances:-

(3.) In this appeal, the learned counsel for the accused-appellant has made only one submission and the same is that in this case, there was no intention on the part of the accused-appellant to murder deceased as the deceased and accused-appellant are very close relatives and on the spur of moment, he fired only one shot and not more than one, as a result of which, deceased died and, therefore, the case does not travel beyond the provisions of Sec. 304 Part II Penal Code and does not fall under section 302 Penal Code and this aspect may be examined keeping in mind that the accused-appellant today is of 84 years of age and he was arrested through Ex.P/6 on 25.6.1994 and when his statements under section 313 Crimial P.C. were recorded on 31.4.1996, he was about 80 years of age and today he is about 84 years of age and at any moment he can die in jail.