LAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant has been convicted under sec. 304 Part I, Indian Penal Code, and sentenced to undergo rigorous imprisonment for seven years.

(2.) THE facts proved or admitted are these: On the night of March 4, 1976 the appellant was sleeping in his field. Some where in the night, he woke up due to some noise and found the deceased Lalsingh removing fodder, belonging to him and then going away with the fodder. Soon thereafter he accepted him and questioned him why he was doing such an act. In this behalf there was a quarrel and during the course of quarrel the appellant inflicted some injuries on the deceased Soon after the incident the appellant admitted having inflicted injuries on the deceased as he found him taking away his property in the night. THE deceased also made a dying declaration to some witnesses, who came there hearing the cries.