MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) UNDER judgment dated September 12, 1978, learned Sessions Judge. Ajmer has convicted the accused-appellant under Section 304 part I and 448 I. P. C. UNDER the former count the appellant has been sentenced to undergo rigorous imprisonment for three years and under the second count he has been sentenced to undergo rigorous imprisonment for six months. Both the substantive sentences have been ordered to run concurrently.

(2.) THERE is Jadugar Mohalla in Ajmer and in a house situated in that locality deceased Nandkishore used to reside in a part thereof. Some part of that house has been purchased from Nandkishore by the accused-appellant who was residing in that portion. Radhey Shyam PW. 1 was a tenant of Nandkishore in that house Sunil PW. 8 is the sister's son of deceased Nandkishore. DW. 1 Nerni Chand is brother of accused appellant and was residing with him. On March 31, 1978 at about 6. 45 a. m. Sunil heard the cries of Nandkishore deceased 'bachao bachao'. He reached to the room and he saw that Madanlal was armed with a fire-wood and with it he was giving blows to deceased Nandkishore. He (accused-appellant) was saying that Nandkishore was always troubling him. On the hue and cry of Nandkishore PW. 1 Radhey Shyam was attracted. He saw the appellant coming out of the room of Nandkishore with a fire-wood. Nandkishore was taken to the hospital. He was profusely bleeding with his injuries. Dr. R. K. Soni PW 7 examined him. He found the following injuries: 1. Swelling temporoparietal region right side in area of 3" x 3" bleeding per right ear present, right eye was black. 2. Swelling right leg lower one-third part and right ankle joint.

(3.) CONSEQUENTLY, the appeal is partly allowed. The conviction and sentence passed against the appellant under section 304 IPC are set aside. The conviction against the appellant under Section 304 Part II IPC is maintained but looking to the fact that there is no previous conviction against the appellant and to the fact that the offence is not punishable with death or life imprisonment and looking to the antecedents and character of the accused-appellant, instead of sentencing him at once, I extend him the benefit of the provisions of Section 4 of the Probation of Offenders Act. It is directed that the appellant shall continue to be at liberty on his furnishing a personal bond in the sum of Rs. 5,000/-with one surety in the like amount to the satisfaction of the trial court to appear and receive sentence as and when called upon for a period of one year and in the mean time to keep the peace and be of good behaviour. .