GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal from Jail has been preferred on behalf of the accused-appellant assailing the judgment of conviction and order of sentence dtd. 22/7/2015 passed by the learned Additional Sessions Judge (Women Atrocities Cases), Udaipur (Rs.Trial Court') in Sessions Case No. 49/2015 (CIS No. 1339/2015) (State of Rajasthan Vs. Gopal), whereby the accused-appellant had been convicted and sentenced as below:- <IMG>JUDGEMENT_77_LAWS(RAJ)10_2024_1.jpg</IMG>

(2.) Brief facts of the case, as placed before this Court by learned Counsel for the accused-appellant, are that on 15/5/2011, one Raunak Jain (complainant), while being at Maharana Bhupal Hospital (Ward No. 33), submitted a written report before the SHO, Police Station, Surajpole, Udaipur stating therein that the complainant owned a shop, namely, Mohan Chemical at Amal Ka Kanta, on the ground floor of his residential premises.

(3.) Learned Counsel for the accused-appellant submitted that the accused- appellant was not carrying any bottle of acid, at the relevant time, and he had no prior preparation to commit the crime in question. As per learned Counsel, a sudden fight broke out between the accused-appellant and the deceased. It was further submitted that the incident in question had happened on 15/5/2011, while the deceased died on 25/6/2011 i.e. after 1 month, 10 days of the incident in question, which shows that the injuries caused during the alleged incident were not sufficient in the ordinary course of nature to cause the death in question.