HARDAYAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against the judgement passed by the Sessions Judge, Pali dated April 25, 1977 by which the appellant was convicted for the offence under section 304 part II I.P.C. and sentenced to three years R.I.

(2.) At the commencement of the arguments the learned counsel for the appellant submitted that he does not want to press the appeal on merits but prays for a lenient view being taken in view of the facts and circumstances of the case and the young age of the appellant.

(3.) From the perusal of the record it is evident that the quarrel had taken place at the spur of the moment. There was no premeditation or enmity between the deceased and the accused. Only one fatal blow was dealt with by the appellant. The learned Judge in these circumstances has considered the case as one under section 304 part II I.P.C.