DAMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT Dama was tried by the learned Sessions Judge, Udaipur u/s. 302 I. P. C. By the judgment dated April 10, 1980, the learned Sessions Judge convicted the appellant Dama for the offence u/s. 302 I. P. C. and sentenced him to imprisonment for life and a fine of Rs. 500/-, in default of payment of fine to undergo one years' R. T.

(2.) BRIEFLY stated, the facts of the case are as under:-

(3.) LEARNED Amicus-Curiae confined his arguments to the point that even if the prosecution evidence is taken to be true, still offence u/s. 302 I. P. C. is not made out and the conviction of the appellant on that count deserves to be set aside. Mr. Singhvi emphatically argued that from the eye witnesses it is evident that the people assembling beneath the mango tree were cutting jokes with each other and Bhera son of Kanha deceased gave kicks to Daula. That Dama appellant went near them and contorted the neck of Bhera son of Kanha and threw him aside. According to Mr. Singhvi, the appellant had no intention to commit murder of Bhera son of Kanha nor had he any intention to cause such bodily injury likely to cause his death.