STATE OF RAJASTHAN Vs. CHHAGANA

JUDGEMENT

(1.) The State has come-up in appeal against the judgment of the learned Sessions Judge, Udaipur dated July 4, 1974, by which accused Chhagana was acquitted of the offence under section 302, I.P.C.

(2.) Briefly stated, the case set-up by the prosecution is that in the night between 4th and 5th Oct., 1973, deceased-victim Karna went to the house of the accused. When the accused returned from another village and entered his house he found Karna in a compromising position with his wife. Karna and the accused's wife Mst, Punki were sleeping on the same cot and both were in a compromising position. The accused thereupon struck a blow of Lathi on the fore-head of Karna. Karna left the place and went to his house. There he narrated the story of his being struck a blow with a Lathi to his wife Mst. Harma. Karna, however, did not survive and passed away. A report of the incident was lodged at Police Station, Bhikerni at about 11.30 A.M. on Oct. 6, 1973. The police registered a case and proceeded with investigation. The post-mortem examination of the victim's dead body was conducted by Dr. Garg, who found the following injury on his body:-

(3.) We have heard Dr. S.S. Bhandawat learned Public Prosecutor and Mr. H. S. Sidhu for the accused. We have also gone through the case file carefully.