Important Point – The matter would falls in exception 4 to Section 300 of IPC and is a culpable homicide not amounting to murder punishable under Section 304 Part I of IPC.

Dinesh Chandra Somani, J.

1. The instant criminal appeal under Section 374 of CrPC has been preferred by the accused/appellant Mahesh Chand @ Pisya S/o Shri Shambhu Dayal against the judgment of conviction and order of sentence dated 19/05/2011 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases, Dausa in Sessions Case No. 72/2009 (104/09), whereby the appellant has been convicted and sentenced as under :-

For offence under Section 302 of IPC to undergo life imprisonment and to pay a fine of Rs.1,000/-. In default of payment of fine to further undergo six months’ simple imprisonment.

For offence under Section 323 of IPC to pay a fine of Rs.1,000/-. In default of payment of fine to further undergo six months’ simple imprisonment.

2. Prosecution story in brief is that on 18/10/2009 Jatashankar Sain (PW-2) submitted a written report (Ex.P-11) to Shrifal Meena (PW-3), ASI, Kotwali, Dausa in SMS Hospital, Jaipur stating therein that that day on 18/10/2009 at about 9.30 AM, Govind Narain Sain was sitting in the shop of his elder brother Shambhu Dayal (PW-6). P.C. Hair Dresser was situated opposite to shop of elder brother of the informant. Mahesh Chand Sain @ Pisya son of Shambhu Dayal Sain of P.C. Hair Dresser armed with scissor, suddenly came from his shop on the shop of Ram Lakhan Hair Dresser, who using filthy language, attacked Govind Narain Sain. Due to which, Govind Narain sustained serious injury. He was taken to Government Ramkaran Joshi Hospital, Dausa, where from he was referred to Jaipur. During treatment in SMS Hospital, Jaipur, Govind Narain expired. While intervening between them, Shambhu Dayal (PW-6), elder brother of Govind Narain also sustained injuries. Kailash Chand Sain and Ramji Lal Sharma were present at the time of this incident.

3. On this written report, FIR No. 712/2009 was registered in Police Station Kotwali, Dausa for offence under Section 341, 323 and 302 of IPC and investigation commenced.

4. During investigation, panchayatnama of dead body was prepared and autopsy on the corpse of the deceased Govind Narain was performed in SMS, Hospital, Jaipur. The corpse was handed over to his elder brother Jatashankar for last rites. Blood stained clothes of the deceased were seized and sealed. Site plan of the place of occurrence was prepared. Statements of witnesses were recorded under Section 161 of CrPC. Injury report of injured Shambhu Dayal Sain got prepared. Samples of blood smeared soil and control soil were taken from the place of occurrence and were sealed separately. A pair of blood stained chappals and a single chappal were seized and sealed. The accused Mahesh Chand was arrested. A blood stained scissor and blood stained clothes worn by the accused at the time of incident, were seized from the house of the accused, at his instance in presence of witnesses, in consequence of disclosure statement given by him, and were sealed on the spot.

5. After usual investigation, police filed charge-sheet against the accused/appellant for offence under Section 341, 323 and 302 of IPC in the Court of Chief Judicial Magistrate, Dausa who committed the case to the Court of Sessions Judge, Dausa. Later on Sessions Judge, Dausa transferred the case to the Additional Sessions Judge (SC/ST Cases), Dausa.

6. The learned trial Court framed charges under Section 302 and 323 of IPC against the accused/appellant. Charges were read over and explained to the accused/appellant, who pleaded not guilty and sought to be tried.

7. In order to prove it’s case, prosecution examined 12 witnesses and exhibited 19 documents. Thereafter, learned trial Court put oral evidence of the prosecution witnesses and documentary evidence produced by the prosecution to the accused/appellant under Section 313 of CrPC. In reply to the prosecution evidence, the accused/appellant denied the prosecution evidence and stated that the witnesses speak a lie due to grudge. He also stated that on the day of the incident, he was doing the work of h