KANJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned Additional Sessions Judge. Udaipur by his judgment dated 6-2-1981 convicted Kanju. Appellant, for the offence under Sec. 307 I.P.C. and sentenced him to four years RI. And a fine of Rs. 300/-. In case of default appellant was to undergo sentence for six months. He acquitted Ramchandra, Shivraj Singh and Manju who were co-accused persons. The appellant has challenged his conviction and sentence.

(2.) Briefly stated the prosecution story is that on 16-9-1979 at about 5.45 p.m. Dalchand reported to the police that the appellant and co-accused persons came in tempo from Surajpole side. His son Narain was surrounded by them and Kanju In flicted serious injuries by knife in the body of Narayan. Police registered a case under Sec. 307 I.P.C. and after investigation challan was presented. The accused-appellant was tried for offence under Sec. 307 I.P.C, and convicted as stated above.

(3.) I have heard the learned counsel for the appellant as well as learned Public Prosecutor. I have also-gone through the record.