KAJOD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a jail appeal by accused Kajod who has been convicted by the learned Additional Sessions Judge, Bhilwara, vide his judgment dated September 2 1976, for the offence under section 304 Part (2) I. P. G. and sentenced to undergo rigorous imprisonment for three years.

(2.) THE charge against the accused was that on August 20, 1975. in the after-noon at village Bagji-ki Jhopdiyan, the accused-appellant intentionally committed murder of Rupa and thereby committed an offence punishable under section 302 I. P. C. THE learned Additional Sessions Judge, after trial, came to the conclusion that offence under section 302 I. P. C. was not made out against the accused. He accordingly acquitted the accused of the offence under section 302 I. P. G. , but convi-cted him of the offence under section 304 Part II I. P. C.

(3.) I, accordingly, allow the appeal and while maintaining the conviction of the accused-appellant under section 301 Part II I. P. C, set aside the sentence passed by the learned Additional Sessions Judge and remand the case back to the trial court with the direction to pass appropriate order after giving an opportunity to the accused-appellant to produce evidence on the question of sentence in accordance with provisions of section 235 (2) Cr. P. C. 1973.