DAYA RAM Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Daya Ram has been convicted by the Additional Sessions Judge, Jhalawar, by his judgment dated Feb. 19, 1973, under section 302 of the Indian Penal Code for having committed the murder of his uncle Harlal by striking him on the neck with a Pharsa.

(2.) The conviction of the appellant rests on the direct testimony of the two eye-witnesses, namely, Ram Lal P.W. 1 and Kanhaiyalal P.W. 2. Their version is that on Sept. 16, 1972, at about 6 a.m., the appellant with his companions went to the field of the deceased on the outskirts of the village and started cutting the grass. The deceased protested against this and thereupon a quarral arose between the appellant and the deceased. During the course of the quarrel, the appellant, who was armed with a Pharsa, struck the deceased on the neck resulting in his death. There is no reason to disbelieve the testimony of these witnesses. They are both uncles of the appellants and brothers of the deceased. Their evidence finds corroboration by the testimony of P. W. 6 Shri Ram and P. W. 7 Rangilal. These witnesses are all natural witnesses and they were working on their fields nearby. There can therefore be no doubt that the appellant caused the death of the deceased by striking him on the neck with a Pharsa.

(3.) The short question for consideration is whether in striking the deceased Harlal, the appellant acted under "grave and sudden provocation" and therefore his act comes within Exception 1 to section 300 I.P.C.