MUNNA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LEARNED counsel for the appellant submitted that the main appeal itself be decided at this staged she wanted to argue only on the point that on the admitted facts of the case at the most of an offence under Section 304 Part two I. P. C. can only be made out and not under Section 302 IPC.

(2.) LEARNED Public Prosecutor, in the circumstances also agreed to hear the main appeal and decide the same on merits.

(3.) WE have given our careful consideration to the facts and circumstances of the case and the arguments advanced by learned counsel for the accused appellant. The case is based on the circumstantial evidence and it is proved beyond reasonable doubt that the accused appellant inflicted injuries on deceased Sharad Kumar which caused his death. There is finding of the Sessions Judge himself that injuries were first inflicted by Sharad Kumar on the accused by a bottle of glass. It has also come in evidence on record of PW 12 Dr. Mahesh Chaturvedi that the accused had 10 incised wounds and abrasions. There is nothing on record to show that the accused had any previous enmity for inflicting injuries on the deceased or any other grievance to cause the death of Sharad Kumar. Thus, it is proved on evidence that the incident took place without premeditation and the accused inflicted injuries by a scissor which was lying on the spot in sudden fight in the heat of passion. The nature of injuries found on the body of the deceased also show that the accused had no intention to cause death nor had acted in a cruel or unusual manner.