NANDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated September 30, 198) passed by the learned Additional Sessions Judge. Rajsamand. by which appellant Nanda was convicted under section 302, IPC and sentenced to imprisonment for life.

(2.) THE victim Heema (aged about 9 years) was in the jungle on October 18. 1979 At about 4. 00 P. M. , Bhera (PW 8) informed Vajja PW 1)-father of Heema deceased that Nanda Balai was belabouring in the Chhappar. Vajja and Bhera rushed to Chhappar and saw Nanda Balai belabouring Heema with lathi On seeing them. Nanda took to heels. Kalu (PW 2) also saw Nanda running away with a lathi from the place of occurrance At the instance of Vajja, PW 2 Kalu went to police station. Charbhuja and lodged report EX P. 7. with PW 9 Gopi Lal Station House Officer of that Police Station. THE S. H. O. went to the site and conducted necessary investigation. On the same day, appellant Nanda was arrested. Charge-sheet against the appellant was filed in the Court of Additional Munsif & Judicial Magistrate. Rajsamand. THE accused was committed to the Court of Additional Sessions Judge, Rajsamand to stand his trial. On his pleading being recorded and his denying the charge, trial proceeded. THE prosecution examined nine witnesses. THE appellant denied the allegations levelled against him. statement under section 313, Cr. P. C. In defence, no witness was examined. THE learned Additional Sessions Judge placed reliance on the testimony of Vajja and Bhera and recorded the conviction of the appellant and sentenced him as stated earlier. Appellant Nanda filed this appeal through the Superintendent. Central Jail, Udaipur. As he was unrepresented, Mr. S. K. Vyas was appointed amicus curiae to plead on his behalf.

(3.) CONSEQUENTLY, the appeal of accused Nanda is partly allowed. The conviction and sentence of the appellant under section 320, IPC are set-aside. Instead, he is convicted under section 304 Part II, I. P. C. and sentenced to rigorous imprisonment for five years. He was arrested on October 18, 1979 and is in custody since then. He has, thus, served out the sentence awarded to him by this judgment. He shall be immediately set-forth to liberty if not required in any other case. .