NARAYAN SINGH Vs. STATE OF RAJASTHANÂ

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and order dated March 15, 1990 passed by learned Additional Sessions Judge, Gangapur City, in Sessions Case No. 26/89, whereby the appellant was convicted under Section 302 IPC. He has been sentenced to undergo life imprisonment and also fine of Rs. 500/ -. In failure of payment of fine to undergo further imprisonment for 6 months.

(2.) BRIEFLY stated, PW-1, Man Singh filed a written report (Ex. P. 1) on April 25, 1989 at about 9. 30 p. m. stating that at about 7. 00 p. m. after taking his food,while he was playing with his small child at his house his, Kaka Kallu Singh and Surjilal and his wife were quarreling amongst themselves. At that time, Narayan Singh accused - appellant son of Surjilal went inside his Kaccha-house and came out with a Gandasi in his hand and gave blow with Gandasi on head of deceased Kallu Singh. Thereupon, he shouted as to what accused had done. Accused Narayan Singh, thereafter, went inside his house. When he tried to pick-up injured Kallu Singh, brother of accused Shambhu Singh, who was armed with a stick, threatened him to go-away from there and started abusing him. He tried to hit him with his stick, but his wife Savitri bended over him therefore, he did not receive blow of stick. Profused blood was coming out from head of injured Kallu Singh. This incident was seen by ladies living in the 'guhadi'. His Kaka Prahalad Singh was also present at that time and saw this incident. Thereafter, other persons came there. Injured Kallu Singh had become unconscious. He and his Kaka Prahalad Singh, Moti Singh and Ganpat etc. took the injured in Tractor-trolly of Khalik Mistry to Gangapur City Hospital. The Doctor after examining the injured, who was unconscious, advised them to take him to Hospital at Karauli. They are taking the injured Kaka to Karauli, since his condition is serious. This report is given in writing to take appropriate action in the matter.

(3.) IT can, therefore, be said that it is an admitted position corroborated by a medical evidence, that the accused-appellant caused a blow with Gandasi on the head of the deceased. A verbal altercation arose between the deceased and Surjilal & his wife on account of their children. All of a sudden Narayan Singh, appellant, who is son of Surjilal went inside the house, brought a Gandasi and struck a blow on the left side of the head of the deceased from back. This clearly shows that there was no premeditation and all this happened at spur of the moment. This is also admitted by PW 1, who has lodged the written report Ex. P. 1, as also other eye-witnesses. We are, therefore, of the considered opinion that it does not appear that the accused-appellant intended to cause the death of the deceased and to our mind the case of accused is covered by Exception 4 to Section 300 IPC. The accused-appellant did not repeat the blow and after causing one blow he went inside his house. IT is also evident that the appellant had no quarrel with the deceased and he did riot make any attempt of giving second blow to him, therefore, it could not be said that he wanted to cause intentionally this particular injury. In the circum-stances though the injury has proved fatal,, the case of appellant would not be covered by thirdly of Section 300 IPC, since the intention to cause death or causing such particular injury could not be imputed to him. From the circum-stances-and the evidence on record it can be said that the appellant had knowledge that he was causing such injury, which was likely to cause death and as such in our opinion he has committed the offence, which falls under Section 304 Part-II IPC and not under the provisions of Sec. 302 IPC and we convict him u/s. 304 Part-II IPC. So far as the other contentions raised by learned counsel for the appellant are concerned, we do not find any force in the same. In view of the admitted fact that the appellant did cause the fatal injury with Gandasi on the head of the deceased, on account of which, he died. The minor discrepancies regarding the place of handing over written report Ex. P. l to the Jagdish Prasad, ASI, PW 15 has no material bearing on the merits of the case.