MAQSOOD ALIAS AKKU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal is directed against judgment dated 21. 1. 1999 passed by Special Judge (Sati Nivaran) cum Additional Sessions Judge, Jaipur City whereby Maqsood alias Akku (accused appellant) has been convicted for offence U/s 304 Part II, IPC and sentenced to undergo seven years' RI with a fine of Rs. 1,000/- (in default thereof, to further undergo six months' RI ).

(2.) THE facts, briefly stated, giving rise to this appeal are that on a written report (Ex. P. 1) dated 21. 6. 1997 lodged by Atik (informant), an FIR was registered at P. S. Galta Gate, Jaipur City against accused appellant for offence U/s. 302, IPC. As per the prosecution story unfolded in the FIR, on the fateful day, i. e. 21. 6. 1997 at about 10. 30 A. M. Akku alias Maqsood (accused) had an altercation over a trivial matter with Babloo alias Habib, during which there were exchanges of hot words followed by physical altercation between them. THE informant tried to intervene by separating the deceased from the clutches of the accused, consequent upon which the accused whipped outsa knife from his pocket and assaulted Babloo alias Habib (deceased) and the knife blow was alleged to have been inflicted on his chest, as a result of which the injured (deceased) started profusedly bleedings. Upon hue and cry being raised, the accused fled away from the place of incident and whereupon, the injured was rushed in auto taxi to SMS Hospital and where he was admitted in Emergency Ward, but he died on 21. 6. 97 at 5 P. M.

(3.) I have heard the learned counsel for the accused appellant and the Public Prosecutor at length and examined their rival contentions so also relevant material from the summoned record as well as legal position on the subject. Prima facie I am of the view that since undisputedly (1) the appellant has already undergone incarceration for about two years and two months as against imposed sentence of seven years for offence punishable under Section 304 Part II, IPC, (2) he is not a previous convict or is having past bad antecedants of a criminal, (3) he was 18 years of age and below 21 years on the date of incident (21. 6. 97), (4) the incident had taken place in a heat of passion in a sudden quarrel on a trivial matter without any premeditation nor any motive has been attributed to the accused, and (5) he has suffered from heart ailment viz. permanent congenital heart disease-arterial septic defect (A. S. D.) as is borne out from discharge ticket dated 27. 10. 97 issued by Dr. V. P. Rishi Head of Medical Unit No. 1 of SMS Hospital, a lenient view deserves to be taken in favour of the appellant in the matter of quantum of sentence.