MOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Sessions Judge, Bhilwara dated August 25, 1982 by which the appellant Mohan-Lai was convicted under Section 302 I. P. C. and was sentenced to imprisonment for life with a fine of Rs. 1,000/- and in default of payment of fine to further undergo 6 months rigorous imprisonment.

(2.) BRIEFLY stated, the prosecution case is that at about 5. 30 p. m. on 11. 11. 1981 P. W. 1 Dalipsingh, police constable appeared at Police Kotwali Bhilwara and presented a written report Ex. P. 1. It was stated therein that at about 5. 15 p. m. on that day while he was on his usual round in the town he reached in Gulmandi, he saw that out-side Savera Hotel, the accused and some other persons were manhandling a rickshaw puller Shankar Lal. The accused took out a knife from the pocket of his pent and inflicted blows with it to Shankar Lal. Shankar Lal fell down. Some other persons had taken Shankar Lal to the Hospital. The Police registered a case under Section 307 I. P. C. and proceeded with the investigation. While Shankar Lal was being taken to the Hospital, he passed away. The police added Section 302 I. P. C. During the investigation the accused was arrested and in consequence to the information furnished by him one knife was recovered. The Station House Officer arrived at the spot and prepared the site- plan. The post mortem examination of the victim's dead body was conducted by P. W. 5 Dr. D. R. Sharma the then Medical Jurist, Government Hospital, Bhilwara. The Doctor noticed the following injuries on the victim's dead body: - 1. Stab wound - 1" x Visceral deep, Small intestines coming out of wound left side of umbilicus. 2. Incised wound - 1-1/2 " x 1/2" x muscles deep over left Iliac region. 3. Incised wound - 1/2" x 1/5" x Skin deep, Posterior aspect of upper 1/2 of left upper arm. 4. Incised wound - 3/4" x 1/5" x Skin deep, lateral aspect of £ of left upper arm. "

(3.) IN the result, the appeal of accused Mohan Lal is partly allowed. His conviction and sentence under Section 302 I. P. C. are set aside. INstead he is convicted under section 304 part II I. P. C. and is sentenced to 6 years rigorous imprisonment with a fine of Rs. 2,500/- and in default of payment of fine to further under go 2 years rigorous imprisonment. IN the case amount of fine is paid by the accused a sum of Rs. 2,000/- will be paid to the widow or dependents of the deceased Shankar Lal. The accused is allowed one month's time to deposit the amount of fine in the court of the learned Sessions Judge, Bhilwara failing which he will take action according to law. .