SUGNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of Additional Sessions Judge, Sojat, dated 13.10.93 whereby he convicted the accused appellant of offence under section 304 Part 11 Penal Code and sentenced him to undergo 8 years' simple imprisonment and to pay a fine of . 500/, In default of payment of fine he was directed to further undergo 3 months' simple imprisonment

(2.) Brief facts leading to this case are that Durgadan, Headmaster of Primary School, Kalu, lodged a report at Police station, Kalu, on 15-1.87 at 9.00 a.m. alleging that Hari Singh, since deceased, is a teacher in his School. On 14th Jan., 1987 at 4.00 p.m. when he was passing through the play ground of the School and reached near the gate, Sugna Ram, accused, threw a stone towards him, as a result of which he sustained injury on the bead. The accused thereafter gave a blow by an axe on the head of the deceased. He inflicted two more injuries, one by stone and another by an axe. On raising alarm by the students playing, the other members of the Staff, himself and one lady teacher Rameshwari Devi arrived on the spot and Hari Singh was brought to the hospital in an injured condition. Since his condition was precarious, be was removed to Beawar where he was admitted with severe injuries.

(3.) On receipt of this report, a case for offence under sections 336, 324 and 323 Penal Code was registered and investigation commenced. On 16th Jan., Hari Singh is alleged to have succumbed to the injuries and, therefore, the case was altered into offence under section 302 IPC. After completing the investigation he was charge sheeted for offence under sections 302, 324 and 323 1PC. He was committed to stand trial At trial prosecution examined 19 witnesses in support of its case. The accused took the plea of insanity and examined 6 witnesses in his defence. The learned trial court held that the accused had no intention to cause the death of deceased Hari Singh and as such acquitted him of the charge under section 302 IPC. He, however, held the accused guilty of inflicting injury which was intended to cause such injury, which could be a lesser offence and, therefore. convicted for offence under section 304 Part II Penal Code and sentenced as indicated above. Aggrieved by the conviction and sentence, this appeal has been preferred through jail.