JAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this appeal, a challenge is made to the order dated 5 th July, 2013, passed by the Additional Sessions Judge No.1, Kishangarhbas, Alwar in Session Case No.14/10(20/11)(26/11). The accused-appellant was convicted for offence under Section 302 IPC and sentenced to life imprisonment with fine of Rs.50,000/-, in case of default to pay fine, to further undergo one year rigorous imprisonment. The trial court directed to pay a sum of Rs.40,000/- as compensation out of the amount of fine.

(2.) The incidence was reported to police and, accordingly, an FIR No.99/08 was registered for offence under Section 302 IPC. After investigation, a charge sheet was filed against the accused. The trial court, thereupon, framed charge for offence under Section 302 IPC and explained it to the accused. He denied the charge, thus trial commenced.

(3.) Learned counsel for appellant has not disputed the incidence but it is said to be under sudden provocation and took place on the spur of moment. It was when accused was trimming the tree and the deceased asked him not to do it, rather, orally forbid him to do so. At that stage and seems to be under anger, the accused used an axe for causing two blows to the deceased. In view of the above, prayer of learned counsel for appellant is to bring the present case under Section 304 Part-I IPC instead of Section 302 IPC.