KANHAIYA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal was filed by accused-appellant Kanhaiya Lal Jaiswal against the judgment dated 3.2.2009 passed by Addl. Sessions Judge, Nimbahera District Chittorgarh in Sessions Case No. 8/2008, whereby the accused-appellant was convicted and sentenced under Section 202 of Indian Penal Code by life imprisonment along with a fine of rupees on thousand and in default of payment of fine, he was ordered to further undergo one month's simple imprisonment.

(2.) The matter relates to F.I.R. No. 32/2008 of Police Station, Nimbahera. The accused-appellant is in jail since 2.2.2008.

(3.) It has been argued by the learned Counsel for the accused-appellant that the dispute was regarding irrigation of agricultural farm of accused-appellant and an altercation took place in morning and then after a little interval of time, as per prosecution, said accused-appellant Kanhaiya Lal came with an axe in his hand and he inflicted one fatal injury on the head of Rajmal @ Raju with the axe and he succumbed to the head injury on the next day in the hospital. It has been argued on behalf of the accused-appellant that the accused-appellant is not guilty at all and he should be acquitted and in the alternative, the argument advanced in this matter by the learned Counsel for the accused-appellant is to the effect that there was no repeated injury and it is only because of altercation which took place between accused and Rajmal (since deceased) and because of said anger, the accused might have inflicted the injury on the head of Rajmal causing his death. It has been argued that at the most, it can be said that act by which the death was caused was done with the intention of causing such bodily injury as was likely to cause death.