BABU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Babu Lal was the accused in sessions case No. 144 of 1993 on the file of the Addl. Session Judge, Jhalawar. He was found guilty U/s. 302 and 324 IPC, convicted thereunder and sentenced to imprisonment for life and fine of Rs. 1000 (in default to further undergo one month rigorous imprisonment) and one year R.I. and fine of Rs. 1000 (in default to further undergo one month R.I.) respectively.

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

(3.) At the outset we may stated that we have not called upon to go into details having regard to the general circumstances present in the case. It is true that an occurrence took place which ended fatally and the appellant was the aggressor. The short question is, whether the offence U/s. 302 or U/s. 304 Part (II) is made out.