PRABHU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant was the accused in Session's case No. 81 of 1992 on the file of the Addl. Session Judge, Chhabra district Bara. He was found guilty Under section 302 Penal Code convicted there under and sentenced to imprisonment for life and fine of Rs. 500 (in default to further undergo one month simple imprisonment).

(2.) Aggrieved by the conviction and sentence the present action for filing the appeal has been resorted to.

(3.) The facts of the case need not be given in detail as Mr. A.K. Gupta, the learned counsel appearing for the appellant has restricted his argument on the questions of offence committed by the appellant. The argument of the learned counsel is that taking into consideration all the facts and circumstances of the case, the appellant can be held liable for the offence Under section 325 Penal Code and not Under section 302 IPC. To appreciate the above argument, the necessary facts of the case may be given.