RAJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel for the appellant stated that in the light of the statement of the accused made under Sec. 313, wherein the incident was admitted by the appellant in a different fashion no offence as alleged can be made out. It was said that the accused and the deceased had quarrelled and in the accident the deceased sustained the injury. The learned counsel tried to explain as to how the defence version is true considering the fact of the incident. It was argued that the blow was not repeated. No undue advantage was taken. No cruelty was shown and therefore, pleaded that the case is covered under Explanation 4 of Sec. 300 IPC. The appellant can at best be convicted under Sec. 304-II as the case is covered under explanation of Sec. 300 IPC.

(2.) Learned Public Prosecutor assisted by the learned counsel for the complainant tried to make out that it was not a case which would be covered by Explanation 4 of Sec. 300 Indian Penal Code because the incident was admitted on the part of the accused in different form which resulted into death.

(3.) We have considered the rival submissions. We are of the considered opinion that offence under Sec. 304 Part II would be made out as there was a body injury which was a result of an intention to cause death, yet if the case is covered by Explanation 4 of Sec. 300 Penal Code the accused deserves to be relieved from Sec. 302 IPC. In that light of the matter, we partly allow the appeal and set aside the conviction under Sec. 302 Penal Code and instead the appellant is convicted under Sec. 304 - 11, the life sentence awarded under Sec. 302 Penal Code is set aside. He is awarded a sentence of 10 years' and a fine of Rs. 1000.00 in default thereof the accused will undergo sentence of one month's R.I.