KEWLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by the accused appellant against the judgment and order dated 8-6-87 passed by learned Additional Sessions Judge, Barmer in Sessions Case No. 9/87 whereby the learned Additional Sessions Judge, convicted the accused appellant for offence under Section 304(II) I.P.C. in place of 302 I.P.C. and sentenced him to 4 years' R. I.

(2.) This appeal arises in the following circumstances : i) On 3-10-86 at about 8.30 p.m., P.W. 1 Harkha Ram lodged a written report Ex.P/1 with the police Station Ramsar stating that enmity between the family of P.W. 1 Harkha Ram and that of accused appellant was going on and many cases were also pending in the Court and, therefore, accused appellant wanted to cause harm to the complainant party. On 3-10-86, his uncle's son Dhura Ram (hereinafter referred to as deceased) went to jungle for the purpose of grazing "Rewar". At about 2.30 p.m., seeing the deceased alone, the accused appellant gave beating to the deceased with an intention to kill him and hearing the cries of the deceased, P.W. 6 Rekha Ram reached on the spot and he saw that the accused appellant was beating the deceased with lathi and when P.W. 6 Rekha Ram intervened in the matter, the accused appellant ran away after leaving the deceased in injured condition. Thereafter, P.W. 6 Rekha Ram came in the village and informed P.W. 1 Harkha Ram. Upon this, P.W. 1 along with P.W. 2 Jesa Ram and P.W. 3 Thakar Ram went on the spot, where the deceased also told that he was beaten by lathi by the accused appellant and at that time, blood was oozing out from his mouth and he was vomiting also and when he was brought to Dhani, he succumbed to his injuries.

(3.) On this report Ex. P/1, police chalked out regular FIR Ex. P/9 and started investigation.