SUKHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgement dated, July 6, 1994 of the Sessions Judge, Jhalawar, in Sessions Case No. 315/92, whereby the appellant was convicted under S. 302 I.P.C. and sentenced to 7 years' rigorous imprisonment and to pay a fine of Rs. 100/-. In default of payment of fine, he was to undergo further rigorous imprisonment for one month.

(2.) During the course of arguments, learned counsel for the appellant did not challenge the conviction of the appellant and he restricted his arguments on two points. The first contention was that the offence under Section 307 I.P.C. was not made out from the facts and circumstances of the case, specially in the absence of medical opinion that the injuries sustained by the injured Makhan Lal were sufficient to cause death in the ordinary course of nature. The second submission was with regard to quantum of sentence. As the learned counsel has not challenged conviction of the appellant, as then facts of the case need not be given in detail and few facts necessary for this appeal may be described.

(3.) Stab wound 1" x 1/4" x ? on lateral side chest Lt. side.