LATOOR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 5.11.1986 passed by the Additional Sessions Judge, Baran whereby the accused appellant has been convicted for the offence under Sec. 304 (2), Penal Code and sentenced for five years rigorous imprisonment and a fine of Rs. 200.00 in default of payment of fine further to undergo two months R.I.

(2.) At the commencement of the arguments, learned counsel for the appellant submitted that he does not want to press this appeal on merits but press that a lenient view be taken in view of the facts and circumstances of the present case and the age of the appellant.

(3.) From the perusal of the record it is abundantly clear that the quarrel has taken place at the spur of the moment and the injury which is alleged to have been inflicted by the accused-appellant is inflicted at the spur of the moment and it was not at all intended by the accused-appellant to committed murder. As per the prosecution case it is an admitted fact that the accused appellant inflicted a single blow and that too on the person of Kajodilal which accident hit the deceased. In this case, Kajodilal P.W. 1 to P.W. 6 i.e. including the mother and father of the deceased turned hostle and the accused appellant has been convicted solely on the testimony of Chhitar (PW 8) and G-lab (PW7). P.W. 7 has not been named in the F.I.R. and police statement of P.W. 8 has been recorded on 31.5.85 i.e. completely about three days after the case was registered. The age of the appellant at the time of recording the statement under Sec. 313, Cr. P.C. i.e. on 11.4.86 has been stated to be of 25 years. The accused appellant is in jail since 2.6.85 i.e. he is behind the bar for a period of more than 21/2 years.