SHAITAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SHAITAN Singh has been convicted under section 302 IPC. and sentenced to imprisonment for life by the learned Sessions Judge, Jodhpur on 30. 4. 81. He has come up in appeal.

(2.) THE only contention raised before us in this case is about the offence which can be attributed to the appellant. THE fact that he had caused injuries to the deceased with a knife resulting into the death of the victim has not been disputed before us

(3.) THE learned counsel for the appellant further urged that earlier there had been altercation between the accused and the deceased and the accused also suspected the deceased to have opened his private letter on which he was infuriated and thereafter he caused only a single injury on the person of the deceased and then ran away. THEse circumstances, according to him, go to show that he did not intend to cause the death of Anil Kumar nor he inflicted the injury with an intention of causing the particular injury which has been found on the person of the deceased and was fatal. He, therefore, urges that the conviction of the appellant should be converted into one under section 304 Part II I. P. C.