ROHITASH Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the accused-appellant, learned Public Prosecutor for the State and have also perused the impugned judgment.

(2.) Appellant Rohitash, who is real brother of injured Manroop, has been convicted under Sec. 307 Penal Code and sentenced to suffer R.I. for three years a id a fine of Rs. 5,000.00 by the learned Additional Sessions Judge (Fast Track), No. 2, Jhunjhunu.

(3.) Learned counsel appearing for the accused-appellant submits that the appellant was on bail during trial and the sentence awarded to him has been suspended by the trial Court for a period of one month. It is also submitted that no offence under Sec. 307 Penal Code is made out as there was no intention of the appellant to kill the injured. The incident took place all of a sudden and as per the prosecution case, the appellant had caused injury by pelting stones on the head of the injured. Therefore, the sentence awarded to the appellant be suspended.