RAM DEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal jail appeal is directed against the judgment and order dated 7.6.2003 passed by Additional Sessions Judge, Gulabpura camp Shahpura, district Bhilwara (for short 'the trial Court' hereinafter) in Sessions Case No. 19/2002 whereby the trial Court convicted the appellant for the offence under Sec. 304-II, Indian Penal Code. and sentenced him to undergo six years simple imprisonment and a fine of Rs. 1,000.00 in default of payment of fine further to undergo three months simple imprisonment. Aggrieved by the judgment and order impugned, the appellant has filed the instant appeal through jail.

(2.) I have heard learned Amicus Curiae for the appellant and Public Prosecutor for the respondent State. Perused the judgment and order impugned and record of the trial Court.

(3.) At the very outset, learned Amicus Curiae appearing for the appellant, submits that the appellant does not challenge his conviction for the offence under Sec. 304-II, Indian Penal Code., however, learned Amicus Curiae has confined his arguments only to the quantum of sentence awarded by the trial Court and submits that the appellant has already undergone the imprisonment of about four years and it was the first offence committed by him. Learned Amicus Curiae submits that the deceased and the appellant both were consuming liquor together and on. a sudden provocation by the deceased while consuming liquor it is said that the appellant picked up a lathi and inflicted a single injury over the eye brow and, therefore, according to learned Amicus Curiae there being no previous enmity between the parties and occurrence took place on sudden provocation, the ends of justice would be met if the substantive sentence awarded to the appellant is reduced to the period of imprisonment already undergone by him.