PRABHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Appeal has been filed by the accused appellant Prabhu S/o Mangla, resident of Paniwala Gadh, District Banswara, assailing the judgment dated 17.11.1992 passed by learned District and Sessions Judge, Banswara in Sessions Case No. 54/1989 whereby learned Trial Court acquitted the accused appellant for the offence punishable under Sections 302 and 451 I.P.C. while convicting him for the offence punishable under Part-1 of Sec. 304 I.P.C. and sentenced him to undergo rigorous imprisonment for ten years as also with a fine of Rs. 200.00 and further to undergo two months rigorous imprisonment in default of payment of fine.

(2.) Briefly stating the facts are that on 19.1.1989, one Bhema gave oral information at Police Station Sadar, Banswara that on hearing some noise of quarrel at about 8.00 p.m., he rushed towards the house of Kamji along with brother Kaliya and found that Kamji was lying on the ground and it was bleeding over his left eye and he was unconscious. Bharma S/o Manji and wife of Kami-Smt. Raju was standing nearby. They told him that when Kamji and Bharma were talking with each other, accused Prabhu came there and started abusing Kamji. Bharma intervened, then, Kamji went away to some distance and started abusing him from there. When Kamji and Bharma came out of House, Prabhu threw one stone aiming at kamji, which hit him on his left eye. Kamji fell down and became unconscious. It was also stated that there was some altercation between Kamji and Prabhu in day time on account of which Prabhu inflicted injury on Kamji.

(3.) On this oral information, F.I.R. No. 35/1989 under Sections 448, 323 and 308 I.P.C. was registered and investigation was commenced. During investigation, Kamji succumbed to the injury and died, therefore, Sec. 302 was also added. Injured Kamji was medically examined and on his death postmortem was conducted. Site plan was prepared. Stone by which injury was inflicted and simple soil and control soil was also seized on the spot.