KHINYA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment 10.2.2004 passed by the learned Additional Sessions Judge (Fast Track) Parbatsar, whereby, he convicted accused appellant Khinya Ram for offence under Sec. 304 Part-I Penal Code and sentenced him to undergo ten years' rigorous imprisonment and to pay a fine of Rs.5000.00, in default of payment of fine to further undergo two months' simple imprisonment. Accused appellant was also convicted for offence under Sec. 323 Penal Code and was sentenced to six months' simple imprisonment, for inflicting simple injuries on the person of Smt. Jhankari PW-7.

(2.) The brief facts leading to this appeal are that on 13.7.2003, Smt. Jhankari filed a report at police station Peelva, alleging therein that the deceased and her husband are having a joint agricultural kuan (field), whereby, Khinya Ram started quarrel on the issue of tiding cow at the joint land. When deceased objected to it, accused Khinya Ram took lathi and inflicted blow on his neck and back side, whereby, he died.

(3.) Upon this report, police registered a case for offence under Sec. 302 Penal Code and commenced investigation. In the post mortem report, it was revealed that the injury was on head. After investigation, the challan was filed against the accused appellant for offence under Sections 302 and 323 IPC. Accused appellant was charged accordingly, to which he pleaded not guilty. Prosecution examined seven witnesses. Statement of accused was recorded under Sec. 313 Crimial P.C. He produced three witness in defence.