UDAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) UDAI Singh, appellant herein, along with co-accused Ramroop and Hakim, was put to trial before learned Additional Sessions Judge (Fast Track) Karauli. Learned Judge vide judgment dated April 2, 2005 while acquitting co- accused convicted and sentenced the appellant as under:- U/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer rigorous imprisonment for six months. U/s. 447 IPC: To suffer rigorous imprisonment for three months. The substantive sentences were ordered to run concurrently.

(2.) IT is the prosecution case that on August 19, 2002 at 8. 30 AM informant Hansram (Pw. 2) submitted written report at police station Kailadevi District Karauli to the effect that on the preceding day around 9 AM while the informant and other male members of the family had gone for their work, Mohar Singh (informant's elder brother) with other female members of the family remained at the house. Because of old enmity with the informant's family, Sridhar along with his family members entered the house of informant and Udai Singh (appellant) gave severe beatings with lathi to Mohar Singh, who died at 4 AM. On that report a case was registered under Sections 147, 148, 149 and 302 IPC and investigation commenced. Dead body of Mohar Singh was subjected to autopsy, necessary memos were drawn, statements of witnesses were recorded, accused were 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) Karauli. Charge under Sections 447, 302 and 302/34 IPC were framed against the accused, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 20 witnesses. In the explanation under Sec. 313 Crpc, the appellant claimed innocence. Two witnesses in support of defence were examined. Learned trial Judge on hearing final submissions while acquitting co-accused convicted and sentenced the appellant as indicated herein above.

(3.) IN the case on hand there is nothing on record to suggest that there was premeditation on the part of the appellant. When altercations ensued the appellant lost his temper and inflicted blow with lathi on the head of Mohar Singh, which proved fatal. The appellant did the act in a heat of passion, he neither took undue advantage of the situation nor acted in a cruel or unusual manner. This fact situation brings the case within the ambit of Exception 4 to Section 300 IPC.