SATYA NARAYAN @ POONAMCHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and sentence dated 29.4.1989 in Sessions Case No. 25/1986 whereby the appellant has been convicted for the offence under Sec. 304 Part I I.P.C. and has been sentenced to undergo rigorous imprisonment for five years with a fine of Rs. 5000.00 and in default of payment of fine, to further undergo one year's rigorous imprisonment.

(2.) Brief facts of the case are that the complainant, father of the deceased, has filed a written complaint before the S.H.O. Police Station, Sardarpura, Jodhpur alleging that on 13.6.1986 at 6.45 P.M. his son Om Prakash was playing on the road. The present appellant had inflicted some fist blows to him near the ear and chest, He and his wife have also seen the occurrence. They did not report the incident immediately as no visible injury has been caused to the deceased but Om Prakash has been treated at home, On 15.6.1986 his condition has become worst. Then they rushed to the Railway Hospital from where he was referred to Jodhpur, where he was declared dead. After investigation, the charge-sheet has been filed against the present appellant for the offence under Sec. 302, I.P.C. Charge has been framed against the present petitioner for the offence under Sec. 304 Part I, I.P.C. The prosecution has produced nine witnesses. Statement of the accused has been recorded under Sec. 313, Crimial P.C. He did not produce any witness in his defence. He has produced some documents in defence.

(3.) After trial, the present appellant has been convicted and sentenced, as aforesaid.