SOBHAGMAL JAIN, J.—This appeal by the accused is directed against the judgment dated the 22nd July, 1985 of the Sessions Judge, Jalore, convicting and sentencing the accused appellant for the offence under Section 325 I.P.C. to four years rigorous imprisonment and a fine of Rs. 400/-, in default of payment of fine to further rigorous imprisonment for four months.

2. The case relates to the incident which took place on January 12,1985 at about 2-3 P.M. on the road from Odwara to Based in which Smt. Bhuri received injuries resulting in her death. According to the prosecution, Smt. Bhuri was going from Odwara to Based and when she reached near a Kair tree after covering some distance from Odwara, the accused met her on the way and caused injuries by an axe. As per the prosecution case the accused first gave a fist blow on her face and then assaulted her with the blunt side of the axe causing injuries on her lip and stomach. Smt. Bhuri raised an alarm which attracted the witnesses Girdhari Meghwal and Devi Singh. The accused then left the place and ran away. Smt. Bhuri was brought to the hospital Jalore where she was examined by Dr. R.P. Purohit Medical Officer incharge who found the fo

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