DHANNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dt. 28. 05. 1982, by which, the appellant has been found guilty of the offence u/s. 304- II I. P. C. and sentenced to three years' R. I. and a fine of Rs. 300/- in default of payment of fine to further undergo three months' S. I.

(2.) A written report was submitted on 20-9-1981 by Kajod alleging that Ramratan Meena was grazing his sheep on the Hasolai Nadi. His sheep entered into the field of Dhanna Jat who obstructed to it and made a protest to Ram Ratan. While taking out the sheep from the field, Dhanna inflicted a lathi blow on the back side of the legs, gave a push and slap as a result of which Ram Ratan fell down. He was brought to the village by Ram Chandra. He got his stomach dis-order and could not pass stool or urine. When the condition became serious a report was lodged at the Police Station Mendawas. On this report the S. H. O. directed Head Constable Bhanwar Lal to reach at the spot and also directed to admit the injured at the hospital and after receiving report from the hospital the case will be registered. Then the Head Constable Bhanwar Lal reached at the spot and recorded the statement Ex. P 10 of Ram Ratan. Ram Ratan was sent to the hospital and at 3. 15 p. m. an information was received at the Police Control Room that Ram Ratan had died in the hospital. Then the Police registered the case u/s. 302 I. P. C. After completing the usual investigation the Police submitted challan against the accused.

(3.) THE accused at the time of this incident was about 45 years of age. This incident has taken place in the year 1981. THE appellant had already been in jail for about 8 months and for an offence u/s. 323 IPC this punishment is sufficient.