JAWANING Vs. STATE

JUDGEMENT

(1.) THIS is a jail appeal by the accused Jawaning against the judgment of the Sessions Judge, Udaipur, dated 26th August, 1954, whereby he has been convicted under sec. 304 Part II I. P. C. and sentenced to rigorous imprisonment for 2-1/2 years.

(2.) THE prosecution case against the appellant was that on the afternoon of 5th April 1954, his mother-in-law came to his house to take away the appellant's wife to her house in connection with the festival of Gangore. THE appellant was unwilling to send his wife with his mother-in-law. His wife, however, wanted to go with her mother and so she came out of the house to go to her mother's house. THE appellant thereupon began to beat his wife. His mother-in-law intervened, it is alleged that at the moment the appellant gave a kick to his mother-in-law, which struck her near her abdomen and resulted in her death.