SANTA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - Being aggrieved by the order of conviction dated 6-5-1983 passed by the Additional Sessions Judge No.2, Hanumangarh in sessions case No. 21/1983 convicting the accused under Section 304 Part-Il, IPC, this appeal is preferred on the grounds mentioned in the memo of appeal.

(2.) With the assistance of the learned Counsel for the appellant and the learned Public Prosecutor, I have scrutinised the record and re-appreciated the evidence.

(3.) On re-appreciation of the evidence. I find that the conclusion of guilt is proper, however, the circumstance as proved by the prosecution did not warrant any conclusion that the accused had the knowledge that his act of hit by the backside of Gandasi to the deceased on neck will in probability cause death. In the absence of such knowledge, it is required of Section 304. Conviction under that Section Part-Il is not possible. The appeal is, therefore liable to be partly allowed. It is accordingly allowed partially. The conviction under Section 304 Part-Il, I.P.C. is set aside instead the accused under Section 324, I.P.C., the sentence is reduced to already undergone in view of the fact that the appeal is pending for last 18 years and the accused is already on bail. The bail bonds if any are cancelled. Appeal allowed partly.