GULAB CHAND NATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated Sept. 30, 1975, of the learned Additional Sessions Judge, Baran, whereby he convicted the appellant under Sec. 304 Part II of the Indian Penal Code and sentenced him to rigorous imprisonment for four years and a fine of Rs. 200.00 or, in default, to further rigorous imprisonment for two months.

(2.) In a very well written judgment, the learned Additional Sessions Judge has discussed the entire evidence on the record very thoroughly and come to the conclusion on the basis of evidence of PWs Durgalal, and Babulal, as corroborated by the independent witnesses, PWs Heeralal and Motilal, that the fatal blow to Chhotelal deceased was struck by the appellant. Mr. Jagdeep Dhankar, learned counsel for the appellant has not, therefore, questioned the order of conviction passed by the learned trial judge against the appellant under Sec. 304 Part II IPC.

(3.) The only point canvassed before me in this appeal by Mr. Dhankar is regarding the expediency, in the interest of justice, of suspending the sentence and giving the appellant benefit of probation of Offenders Act, 1958. He has pointed out that the appellant was 18 years of age at the time of the commission of the crime and that nothing has appeared on the record against his character and antecedents. It is further submitted that the occurrence flared up suddenly and the crime was committed in the heat of the moment. It will be seen that one Gopal Dhankar who has appeared as a PW, in this case and whose evidence has been ignored by learned trial judge as unreliable was called by the village Panchayat and fined Rs. 50.00 for having been found guilty of abusing a co-villager, namely Gopal Nath. Gopal Dhankar reacted to the punishment rudely and contemptuously. The members of the Panchayat resented his behaviour. An altercation and a scuffle ensured between Gopal Dhankar and Gopalnath. Chhotelal deceased, a brother of Gopal Dhankar went to the help of his brother. Gulabchand Nath, the appellant, who was present there went to the help of Gopalnath and in the process struck a lathi blow on the head of Chhotelal deceased. Unfortunately, that single blow proved fatal. It is obvious from what has been stated above that the appellant did not have any motive, much less intention to kill Chhotelal deceased. He appears to have struck the lathi blow to the deceased apprehending that if he did not do so the deceased and his brother Gopal Dhankar may cause grievous hurt to Gopal Nath.