- (1.) Present appeal has been filed by Roshan Lal, who was nominated as an accused in a case FIR No.674 dated 23.11.1997 registered at Police Station Dharuhera under Section 302 IPC. The appellant is stated to have given a solitary Lathi (stick) blow on the head of Sultan on 22 nd November, 1997 at about 1.00 p.m. The houses of deceased Sultan and his sister-in-law Vidya Devi PW-1 adjoin the house of accused-appellant Roshan Lal. The appellant on 23 rd March, 1998 was charged by the Additional Sessions Judge, Rewari for an offence punishable under Section 302 IPC for having caused the murder of Sultan. He pleaded not guilty and claimed trial.
(2.) The trial Judge vide impugned judgment dated 9 th April, 2001 observed that the occurrence was a sudden affair and had occurred on the spur of the moment without any premeditation, and held the appellant guilty of an offence punishable under Section 304 IPC. Vide an order dated 16 th April, 2001 he sentenced the appellant to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.15,000/- in default of payment whereof to further undergo rigorous imprisonment for one year under Section 304 IPC.
(3.) The following portion of the impugned judgment is required to be reproduced: "25. On the other hand on behalf of the defence, it is rightly submitted that as that the accused Roshan is a young man with no previous criminal record and the circumstances of the occurrence clearly makes out as that it can not be said that he had an intention to cause death of Sultan or that he was knowing that his act was so imminently dangerous, that it must in all probability, would cause death or such bodily injury as is likely to cause death and with this knowledge or intention he caused such an act. The act of Roshan of causing blow with lathi on the head of Sultan in the circumstances would bring it within the four corners of the offence of culpable homicide not amounting to murder as in such circumstances he could be simply presumed knowing the normal consequences of his act that by doing it he was likely by such act to cause the death of Sultan. As such, only the offence punishable under Section 304 IPC and not under Section 302 IPC has been established.";