LALCHAND MALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed by the appellant against the judgment dated 9.12.2019 passed by learned Addl. Sessions Judge, Pokaran (for short 'the Trial Court') in Sessions Case No. 05/2017 whereby, the learned Trial Court convicted the appellant for offence under Sections 304 Part I, 323 and 324 I.P.C. and sentenced as under :-- 304 Part I IPC-Ten years rigorous imprisonment and fine of Rs. 10,000/-, in default of payment of fine to further undergo six months R.I. 323 IPC­One year R.I and fine of Rs. 1,000/-, in default of payment of fine to undergo one month R.I. 324 IPC­Two years' R.I. and fine of Rs. 2,000/-, in default of payment of fine to undergo three month's R.I.

(2.) Brief facts of the case are that complainant Deendayal submitted a written report before the Police Station Pokaran on 3.11.2011 alleging therein that at about 7.30 AM, his neighbour Lalchand who was raising construction of toilet at his house took some stone from the boundary of his brother. When his brother Pukhraj and Paras told him not to take any stone, the accused Lalchand brought a jagger (Dharia) from his house and inflicted blow on the head of Paras. It was alleged that the injured Paras was taken to the hospital but he succumbed to the injuries.

(3.) The police registered a case against the accused Lalchand and started investigation. The police after investigation, filed a challan against the present appellant for the offences under Sections 302, 324, 323/34 I.P.C. Thereafter, charges of the case were framed, wherein, the appellant denied the charges and claimed trial.