RAM KUMAR & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the criminal appeals were directed against the Judgment of the Learned Sessions Judge, Ajmer in Sessions case No. 71/93, Judgment dated 27.5.94. The accused appellants have been found guilty and convicted U/s. 302 Penal Code and Sections 323, 324 read with Sec. 34 of the IPC. The accused appellants were sentenced as under:-

(2.) Brief facts are:-

(3.) Mr. N.C. Chaudhary, the learned counsel, has made only one submission that under the facts and circumstances of the case, the offence does not travel beyond section 304 Part II IPC. To substantiate, the learned counsel, contended that there was no serious motive for commission of the offence and as per the prosecution case itself prior to the incident there was a petty altercation. The appellants had no intention to commit murder of the deceased and they had also no intention to cause the particular injury on the head, by chance one blow landed on the temporal occipital region and resulted in an unfortunate death of the deceased. The learned trial court has not properly considered this aspect while appreciating the evidence.