MANGLYA @ MANGILAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is direct.A against the judgment dated July 12, 1984 passed by the learned Sessions Judge, Pratapgarh by which the appellant Mangiya @ Mangilal was tried for the offence under section 302 Penal Code and sentenced to imprisonment for life and a fine of Rs. 100, in default to undergone one months R.I.

(2.) The case related to an occurrence which took place on April 19, 1982 at village-Samarda. Appellant is said to have committed the murder of his father Bhairoon at about 9.00-9.30 P.M. by causing injuries with a 'danda'.

(3.) At the commencement of the arguments Mr. Doongar Singh, learned counsel for the appellant submitted that he would not press the appeal on merits, rather wants to submit that even if prosecution story, is taken to be true, the case does not fall within the definition of murder. The learned counsel referred to the statements of the prosecution witnesses and submitted that there was a sudden quarrel regarding the character of Mst. Narayani (PW 2), sister of the appellant and daughter of the deceased and in that quarrel the appellant substained injury at the hands of Bhairoon and he in his turn caused injuries to the latter. According to the learned counsel even if the prosecution case is taken to be true that the injuries were caused by the appellant to his father deceased Bhairoon with a lathi, the intention to commit murder cannot be inferred. The reason according to the Id. counsel for the appellant is that the weapon of offence is said to be a one and half feet long 'danda' called 'Nijwan-ki-lakdi' used in the side of bullock cart. It has also been stressed that from the medical evidence it is evident that the cause of death was peripheral circulatory failure due to massive hemorrhage and shock resulting from traumatic spleen rupture and therefore it is not a case where the assailant might have intended to cause a particular injury.