MAAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By preferring instant Appeal, appellant-accused Maan Singh has assailed the conviction and sentence passed by Sessions Judge, Udaipur in Sessions Case No.102/2007 dated 17/10/2008 by which the accused-appellant has been convicted under Section 302 for life imprisonment with a fine of Rs.5,000/- and further to undergo two months simple imprisonment in default of payment of fine.

(2.) The complainant Smt. Kailash Kunwar, spouse of deceased Prem Singh, got her first information report lodged with Police Station Gogunda, Udaipur submitting :-

(3.) While addressing arguments before this Court, learned counsel for the appellant has contended that the learned trial Court has committed error by convicting the accused under Section 302 of IPC, because the alleged homicidal act has occurred without any pre-mediation and resulted abruptly, referring the evidence of PW.9 Devi Singh, learned counsel has submitted that this witness has categorically stated that the incident happened suddenly and the medical expert has also stated that the injury was not so grave and if proper timely treatment might have been rendered to the deceased, then his life could have been spared. The kind of allegation pertaining to the incident could warrant conviction under the provision of Section 304(ii) and the appellant accused has already served incarnation for more than nine years, hence, the appeal may please be allowed and modifying the sentence, the accused Maan Singh may please be released on sentence already undergone and served.