RANNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel and perused the record.

(2.) The appellant has been convicted on a charge under Sec. 302 of the Penal Code and sentenced to life imprisonment with Rs. 100.00 as fine. The prosecution case was that father of the deceased has taken on a crop sharing basis land belonging to the father of the accused. The accused-appellant was said to be annoyed because of this. Arjun Ram father of the deceased who had lodged the FIR was busy in the agriculture operations on the field alongwith his deceased son Kashiram and his other son Madanlal. After a while when the deceased was resting on sand dunes along side the field the accused-appellant came from behind and gave Kassi blows to the deceased, as a result of which he died.

(3.) The learned counsel for the appellant submitted that the FIR was delayed and the FIR version that two blows were given to the deceased was not corroborated by the medical evidence as well as the account given by the eye witnesses in as much as three injuries were found on the body of the deceased. It was also contended that the eye witnesses being relatives of the deceased were Interested witnesses and their over all testimony was not reliable. Lastly, It was contended that the case would fall within the ambit of Sec. 304 of the Penal Code and not under Sec. 302 IPC. The learned Public Prosecutor supported the conviction and the sentence.