KARIM KHAN Vs. STATE OF RAJASTHAN,

JUDGEMENT

(1.) Succinctly put, the prosecution story is that Karim Shah and Rahim Shah Fakirs of village Udai-Kalan, Tehsil Gangapur City, collected some clay required for repairing their buildings. The clay was put on the lane, abutting the houses of Munir Khan and the accused Karim Khan. This material blocked the passage. Munir Khan and Karim Khan remonstrated Karim Shah and Rahim Shah against what they did Karim Shah and Rahim Shah paid no heed to the protest. This led to rupture of relation between the two parties, Munir Khan and Karim Khan on the one hand and Karim Shah and Rahim Shah on the other. In the morning of April 29, 1970, when Karim Shah was returning home from the village mosque, Munir Khan hurled abuses at him. Rahim Shah, P.W. 2, intervened. In the meantime the accused Karim Khan appeared on the scene. He flung a stone towards Rahim Shah. Rahim Shah, however, escaped its impact. Karim Khan then threw another stone, which hit the left hand of Karim Shah. He cast a third stone at Rahim Shah's wife. Soon after the deceased Subhan Shah arrived at the spot. He enquired of Munir Khan as to why he was beating the destitutes of the 'Mohalla'. Karim Khan got enraged at it. He picked-up a stone and dashed it towards Subhan Shah's chest. The moment Subhan Shah received the stroke on his chest, he fell down and breathed his last within a short time. First information report of the occurrence was lodged by P.W. 4 Sardar with the police station, Gangapur City, that very day at 11 a.m. The police registered a case under Sec. 302, Indian Penal Code, and set the investigation in motion. Karim Shah was examined by Dr. S.L. Agrawal, Medical Officer, Gangapur City. He found the following injury on his person:-

(2.) Aggrieved by the above judgement Karim Khan has taken the present appeal. The contention of learned counsel for the appellant is that the trial court went wrong in the application of Sec. 304, (Part II), Indian Penal Code, to the present case. The learned counsel for the State supported the judgement of the Court below.

(3.) The only question that arises for the disposal of this appeal is whether the accused Karim Khan is guilty under Sec. 304, Part II, Indian Penal Code, Sec. 325 or Sec. 323, Indian Penal Code.