- (1.) The instant cr. Leave to appeal has been filed by the State of Rajasthan under Section 378(iii) and (i) of Cr.P.C. against the judgment dated 27.1.2016 passed by the learned Addl. Sessions Judge NO.1, Abu Road, Sirohi in Sessions Case No.56/2013 to the extent of acquittal of the respondent for the offence under Section 302 IPC and to punish the respondent only for offence under Section 304 Part II IPC with sentence of 5 years RI alongwith fine of Rs.20,000/-.
(2.) As per the brief facts of the case Smt. Chunni W/o Sh. Chandu filed written complaint on 6.8.2013 before the SHO Police Station Abu Road Sadar alleging therein that yesterday her husband went at Ambabari. When he was returning back to the home, at that time, about 6.00 pm Babu and Gowa made attack with intention to kill him and due to injuries caused by Lathis, her husband raised voice, at that time, her younger son Daya, pani and Santi went there and saw that her husband was lying on floor and respondent ran away.
(3.) According to the complainant she carried her husband at home with help of Dinesh, at that time, her husband narrated accused persons with intention to kill him gave serious beatings. Due to said incident, injuries were sustained on head and the husband of the complainant died at 1.00 am in the night. Upon aforesaid complaint, FIR no.247/2013 under Section 341, 302/34 IPC was registered and after investigation, police filed charge-sheet under Section 302/34 and 341 IPC against respondent Babu Ram only. The learned trial court framed charge under Section 341 and 302 IPC against the respondent. The learned trial court after recording statement of 19 prosecution witnesses recorded the statement of the respondent under Section 313 Cr.P.C. and finally convicted the respondent for offence under Section 304 Part II IPC vide judgment dated 27.1.2016 and passed the aforesaid sentence.;