- (1.) By preferring instant Appeal, appellant-accused Maan Singh has assailed the conviction and sentence passed by Sessions Judge, Udaipur in Sessions Case No.102/2007 dated 17/10/2008 by which the accused-appellant has been convicted under Section 302 for life imprisonment with a fine of Rs.5,000/- and further to undergo two months simple imprisonment in default of payment of fine.
(2.) The complainant Smt. Kailash Kunwar, spouse of deceased Prem Singh, got her first information report lodged with Police Station Gogunda, Udaipur submitting :- 1641800-1 and after investigation of the matter, charge sheet was filed against appellant-accused Maan Singh under Section 302 of IPC and charges were framed against the accused under Section 302 of IPC after his denial to plead guilt.
(3.) While addressing arguments before this Court, learned counsel for the appellant has contended that the learned trial Court has committed error by convicting the accused under Section 302 of IPC, because the alleged homicidal act has occurred without any pre-mediation and resulted abruptly, referring the evidence of PW.9 Devi Singh, learned counsel has submitted that this witness has categorically stated that the incident happened suddenly and the medical expert has also stated that the injury was not so grave and if proper timely treatment might have been rendered to the deceased, then his life could have been spared. The kind of allegation pertaining to the incident could warrant conviction under the provision of Section 304(ii) and the appellant accused has already served incarnation for more than nine years, hence, the appeal may please be allowed and modifying the sentence, the accused Maan Singh may please be released on sentence already undergone and served. Per contra, learned public prosecutor has argued that there is a direct evidence of killing in a cruel and ghastly way, even the mother of the deceased has narrated true version of the incident, which she witnessed. The accusedappellant is also none-else but her own son, who did not yield to render share of the crop to the deceased, despite repeated demands and always remained unyielding to legitimate demand of the deceased brother and vindictively came equipped with a Kulhari and gave lethal blows upon deceased, who sustained grave injuries and was succumbed to the same. The accused-appellant gave a threatening and daunting call to the deceased by saying thou persistently demand share, "come outside", soon as the deceased Prem Singh emerged Maan Singh gave vital cutting blows by Kulhari. The incident has been explained by eye witnesses and the injuries are well supported by medical evidence and recoveries, so there appears no perversity in the impugned judgment. Learned trial Court has correctly passed the impugned verdict under challenge, the appeal has got no force, so be dismissed.;