BHAIRA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant Criminal Appeal has been preferred under Sec. 374(2) of IPC against the impugned judgment dtd. 21/9/1991 passed by the learned Additional Sessions Judge No. 2, Hanumangarh Camp Suratgarh in Sessions Case No. 34/86. Vide judgment dtd. 21/9/1991, the appellant has been convicted and sentenced as under:-

(2.) The present appeal arises out of the incident which happened on 25/3/1986 at Dera situated at Bypass Road, Suratgarh. An FIR was registered under Sec. 307, 323, 147, 149 and 382 of IPC against the appellant. In the incident, Nathuram sustained injuries and during treatment, he succumbed to the injuries sustained in the incident and therefore, Sec. 302 of IPC was also added. The charge-sheet in the case was filed and the trial court after undertaking the trial proceedings, convicted the appellant for the aforesaid offences. Against the order dtd. 21/9/1991 passed by the trial court, the present appeal has been filed by the appellant.

(3.) Learned counsel for the appellant submits that the incident occurred in the heat of passion after a heated altercation between the appellant and deceased Nathuram. He further submits that there was no intention to cause fatal injuries by the appellant as there were no repetition of the blows. He submits that even the gandasi used in inflicting the injury was hit from the reverse side, which clearly shows that appellant had not intention to cause fatal injuries to deceased Nathuram.