RANA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused Ranaram stands convicted for the offences under Sec. 302 IPC and has been sentenced to imprisonment for life and fine of Rs.2,000.00in default to further undergo imprisonment for six months simple imprisonment vide Judgment dtd. 11/11/2011 passed by the learned Additional Sessions Judge, (Fast Track), Balotra, HQ Barmer, District Barmer in Sessions Case No.66/2010. Being aggrieved of the above judgment of conviction, the accused appellant Ranaram has preferred the instant appeal under Sec. 374(2) Cr.P.C., 1973

(2.) We have heard and considered the arguments advanced at bar and have gone through the impugned judgment and minutely re-appreciated the evidence available on record.

(3.) Learned Counsel Mr. Shrikant Verma representing the appellant put-forth two fold arguments before the Court and urged (a) that there is no evidence worth the name on record to connect the accused appellant with the alleged crime and that it is a case of accidental death of Smt. Jethi Devi (wife of the accused appellant) who received the head injury owing to falling of gas cylinder on her face, and (b) that even if the prosecution allegations are accepted as being true as such, there was heated discussion between the husband and the wife and under a fit of rage and under grave and sudden provocation, the accused gave a solitary blow on the head of the deceased by a gas cylinder which cannot be termed to be a weapon of offence and thus, the conviction of the appellant deserves to be converted from the offence under Sec. 302 IPC to Sec. 304 Part II IPC. In support of his contentions, Mr. Verma placed reliance on the following judgments: