DHANNA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated July 30, 1988 of the Sessions Judge, Bundi in sessions case No. 1/1987, whereby he convicted the accused appellant (Dhanna) under Sec. 302 IPC, and sentenced him to suffer imprisonment of life and to pay a fine of Rs. 100.00 (Rupees one hundred), in default of payment of fine to suffer simple imprisonment for a further period of three months.

(2.) Brief facts giving rise to this appeal are that on the basis of 'parcha bayan' of Jagdish Chand S/o Ganga Ram Bairwa (since deceased) a case was registered at Police Station-Nayapura (Kota) under Sec. 302 IPC, as the injured Jagdish subsequently get his life lost on account of injury sustained by him.

(3.) The prosecution case, as per the parcha bayan of Jagdish Chand, is that at about 8.30 p.m. of Dec. 25, 1986 he was sitting alongwith his brother Lalchand, then accused appellant Dhanna came there and abusing them. It is further alleged that accused Dhanna was furious at that time and he asked as to why he was being abused by the deceased earlier to the incident. As per the statement though the prosecution case is that the appellant gave a blow by a liquor bottle to the deceased on the abdominal part.