SHYAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ON March 10, 2002 around 1. 30 PM while Shyam Singh, appellant herein, was sitting inside a tea-shop, Harji a milk vendor (since deceased) arrived and demanded payment which was due against the appellant for the milk supplied to him. After hot exchanges, appellant caught hold of Harji from neck and pressed it as a result of which Harji died. The appellant was put to trial before learned Additional Sessions Judge, (Fast Track) Hindaun City District Karauli, who vide judgment dated August 13, 2003 convicted and sentenced the appellant under section 302 to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer rigorous imprisonment for three months.

(2.) INFORMANT Sinna (Pw. 5) handed over a written report of the incident at the Police Station Hindaun City. On that report case under sections 302/34 IPC was registered and investigation commenced. Autopsy on the dead body was performed, necessary memos were drawn, statements of witnesses were recorded, appellant was arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Hindaun City District Karauli. Charge under section 302 IPC was framed against the appellant, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 11 witnesses. In the explanation under Sec. 313 Crpc, the appellant claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated above.

(3.) THE Fourth exception to Section 300 IPC covers acts done in a sudden fight. The term `fight' occurring in Exception-4 is not defined in the Indian Penal Code. `fight' postulates a bilateral transaction in which blows are exchanged. The help of Exception-4 can be availed if death is caused:- (i) without premeditation; (ii) in a sudden fight; (iii) without the offender's having taken undue advantage or acted in a cruel or unusual manner; and (iv) the fight must have been with the person killed.