JAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal by accused Jal Singh against the judgment of Sessions Judge, Alwar convicting the appellant U/s 302 I. P. C. for committing murder of Mewa W/o Ram Kishan

(2.) THIS case was listed today for the consideration of 5th bail application filed by Jal Singh. On a joint request made both by Mr. Tibrewal and Mr. Mathur that since the counsel for the accused is not intending to argue the case on merits as a whole and he is desirous of challenging only the conviction to the limited extent and is pressing for its conversion from Section 302 I. P. C. to Section 304 I. P. C, the entire appeal may be heard and decided today. Consequently, the appeal was heard on merits.

(3.) WE may mention that exceptions (1) and (4) of Sec. 300 I. P. C. are material for the purposes of consideration of the submission of Mr. Tibrewal. Exception (1) and (4) read as under: - Exception-1. Culpable homicide is not murder if the offender, whilst deprived of the power of self control by grave and sudden provocation, causes the death of the person who gave provocation or causes the death of any person by mistake or accident. Exception 4. Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offenders having taken undue advantage or acted in a cruel or unusual manner.