SHARVAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is preferred by Sharvan Kumar against the judgment dtd. 8/7/2020 passed by the Sessions Judge, Sikar in Sessions Case No. 200/2018, convicting the accused-appellant under Sec. 302 IPC. Vide order of even date, the appellant was ordered to undergo life imprisonment and to pay a fine of Rs.5,000.00. In default of payment of fine, to further undergo three months additional simple imprisonment.

(2.) The facts as set up by the prosecution are that Vinod Kumar (complainant) reported the matter to the police on 13/8/2018 stating that at about 10 A.M. his father Sitaram (hereinafter referred to as Rs.deceased') along-with the appellant were sitting near weighing bridge, Raiwasa. During heated exchange of words the appellant broke a bottle, stabbed with it in the neck of the deceased and the injuries were inflicted on the head, hand and stomach. The deceased succumbed to injuries in the hospital. An FIR No. 189/2018 was registered at Police Station Ranoli, District Sikar under Sec. 302 IPC. The charge-sheet was filed and the charge was framed under Sec. 302 IPC. The prosecution examined thirteen witnesses and exhibited thirty two documents to prove the case. In the statement recorded under Sec. 313 Cr.P.C., it was stated to be a case of false implication. In defence two documents were exhibited. The Trial Court relying upon statement of the eye-witnesses, medical evidence and appreciating the evidence adduced convicted the appellant under Sec. 302 IPC.

(3.) The only issue raised and pressed by Counsel for the appellant is that it was not a case of murder and falls within the ambit of Exception 4 of Sec. 300 IPC.