KAPOORA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is from Jail, directed against the order of Sessions Judge, Jalore convicting the appellant of offence under Sec. 307 I.P.C. and sentencing him to 3 years' R.I.

(2.) The prosecution case is that on 11.07.1980 the accused went to the house of one Pola Ram. As some debt was payblc lo Pola Ram by ihe accused, the accused asked him to accompany to his house where he will make the payment. On thc way the accused asked Lo take tea. Alter taking tea, the Pola Ram became unconscious. He however, stated that the accused Kapura gave him lathi blow. Thc Police registered a case of offence under Sec. 307 I.P.C. After usual investigation, the Police submitted a challan against the accused for the said offence. After trial, the learned Judge convicted the appellant of offence under Sec. 307 I.P.C. After usual investigation, thc Police submitted a challan against the accused for the said offence. After trial, ihe learned Judge convicted the appellanl of offence under Sec. 307 I.P.C. and sentenced to 3 years' R.I.

(3.) I have read the statement of Pola Ram. He categorically stated that the lathi blow was given by the accused Kapura. His statement is supported by a medical evidence. In view of this, the conviction of the appellant under Sec. 307 I.P.C. is deserves to be upheld.