RAMESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant Ramesh has been convicted u/s 302 I P. C. and sentenced to imprisonment for life and a fine of Rs. 100/-, in default to undergo one month's simple imprisonment. He has further been convicted u/s 323 I P. C. and sentenced to one month's rigorous imprisonment by the learned Sessions Judge, Bhilwara, by judgment dated 13. 2. 84. He has come up in appeal.

(2.) THE matter has come up for disposal for the bail application today but the learned counsel for the appellant urged that the appeal itself may be disposed of since he would only contend that the offence u/s 302 I. P. C. is not made out and the appellant could have been convicted only u/s 304 Part 1, l. P. C THE learned P. P. has no objection to the appeal being heard. THErefore; we proceeded to hear the appeal.