DEVI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a jail appeal against the judgment of learned District and Sessions Judge, Pratapgarh dated 2 -4 1987 whereby the learned trial court has held accused appellant Devi Lal guilty of the offence under Section 304, Part -II and has sentenced him to 5 years rigorous imprisonment.

(2.) THE facts necessary to be noticed for the disposal of this appeal briefly tstated are: that some enmity was existing between deceased Chaggan Lal and accused Devi Lal and his father. It is alleged that on 2101984 at about 700 p.m. when Cbaggan Lal was coming with his cattle and passed by the house of Devi Lal, he came out of his house, armed with a Lathi and inflicted injuries to Chaggan Lal. Thereafter, Cbaggan Lal fell down and was shifted to his own house by Mst. Dakhi Bai and Mst. Nani Bai and then the report of the incident was lodged by Chaggan Lal's son Chand Mal PW 4 which has been marked Ex.P 2. On the next date, Chaggan lal died because of the injuries received by him and, therefore, a case was registered under Section 302, IPC. The post mortem was got conducted and after the usual investigation the case against the accused was challaned under Section 302, IPC in the court of learned MJM, Nimbahera from where it was committed for trial to the Court of learned District and Sessions Judge, Pratapgarh who after holding the trial convicted and sentenced the accused as aforesaid and hence this appeal.

(3.) THE result is that I partially accept this appeal set aside the conviction the accused appellant Devi Lal recorded under Section 304 Part -II, IPC by learned Sessions Judge, Pratapgarh and alter it to a conviction under Section 325, IPC. The substantive sentence of 5 years is reduced to the period of his custody.