RADHEY SHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and sentence dt. 27-6-95 passed by learned Addl. Sessions Judge, Hanumangarh whereby the appellant on conviction under Section 304(I) has been sentenced to undergo 10 years R.I. and Rs. 500/- fine or in default to suffer one month R.I.

(2.) The brief facts leading upto this appeal are that on 21-2-94 the appellant and Ranveersingh, Harmelsingh, Jaswantsingh, Vinod Nai, Krishna Kumar Ramuram and Raju Meghwal were taking liquor at 10.30 p.m. on the occasion of the marriage of Biharilal's daughter. A candle lamp was burning there and the appellant and Krishnakumar quarrelled over the candle to keep it lit or off. The appellant inflicted injuries to Krishna Kumar by knife on left parietals bone upper border, middle of left thumb and left thigh, when Harmelsingh tried to rescue, he also got injured on right forearm. Krishna Kumar was immediately taken to the hospital at Hanumangarh Town but he died of the injuries. After usual investigation a challan was filed against the appellant under Section 302 I.P.C. The appellant denied the charge u/S. 302 I.P.C. and the trial proceeded against him resulting in the conviction and sentence as stated above.

(3.) Learned counsel for the appellant has not argued on the factum of the case. I have also perused the impugned judgment and statements of Jaju Ram PW-I, Harmelsingh PW-3 and Renveer Singh PW3 eye witnesses to the occurrence. I have also gone through the cross examination made from the above witnesses and I agree with the appreciation of the evidence made by learned trial Court that the prosecution has proved beyond reasonable doubt that the appellant inflicted injuries as stated above by sharp edged knife. Krishna Kumar died as a result of the injuries on left thigh which was opined by PW-6 Dr. Bhandurshing, Medical Jurist that it was sufficient in the ordinary course of nature to cause death. He has stated that Krishna Kumar died due to injuries on femoral vein leading to haemorrhage and shock. Learned trial Court arrived at the conclusion that it is not established that the appellant inflicted injuries with an intention to cause death or to cause such bodily injury as he knew to be likely to cause death or such injury as is sufficient in the ordinary course of nature to cause death or knowing that injury is imminently dangerous that would in all probability cause death or is likely to cause death. According to the learned trial Court the act of the accused was not covered under Section 300 I.P.C. but under Section 304 (I) I.P.C. that he inflicted the injury with the intention of causing such bodily injury as is likely to cause death. It has been further held by the learned trial Court that the intention of the appellant was not of causing death of Krishna Kumar.