GHANSHYAM Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal by appellant-Ghanshyam arises out of the judgment and order dtd. 28/8/2001, passed by the learned Additional Sessions Judge (Fast Track), Hindaun, thereby convicting the appellant under Sec. 304 Pt. II IPC and sentencing him to undergo rigorous imprisonment for 5 years with a fine of Rs.1,000.00, in default thereof, to further undergo rigorous imprisonment for 6 months.

(2.) Appellant-Ghanshyam was tried for offence under Sec. 302 I.P.C. for causing death of Kumari Anita, aged 4 years by throwing her into a well on the fateful night of 9/3/2000.

(3.) Learned counsel for the appellant has frankly conceeded that he does not what (sic want) to challenge the conviction of the appellant and keeps himself confined only to the question of sentence. Learned counsel argued that in the facts and circumstances of the case, particularly the facts that appellant was a newly wedded couple and had no enmity or grudge with the complainant, coupled with the fact that appellant had no intention to cause the death of Anita and that the incident occurred all of a sudden, inasmuch as the appellant was not in a fit state of mind, it would be in the interest of justice that he may be sentenced to the period already undergone.