The conviction for murder was converted to culpable homicide not amounting to murder due to lack of intent and premeditation, establishing criteria for lesser culpability in emotional disturbance cases.

JUDGMENT :

Vinit Kumar Mathur, J.

1. The instant appeal under Section 374 (2) Cr.P.C. has been preferred by the appellant Laxman Das S/o Shri Khemchand, against the judgment dated 21.08.2019 passed by the learned Additional Sessions Judge No.5, Jodhpur Metro, in Sessions Case No.239/2017, arising out of FIR No.260/2017, whereby the accused-appellant stands convicted for the offence under Section 302 of the IPC .

2. By the said judgment, the learned trial Court has sentenced the appellant to undergo imprisonment for life till the remainder of his natural life along with a fine of Rs.50,000/-, and in default of payment of fine, further to undergo simple imprisonment for six months.

3. The brief facts necessary for deciding the present appeal are that on 29.06.2017, the complainant, Bhishma Kumar, submitted a written complaint to the Station House Officer, Pratap Nagar Police Station, Jodhpur, stating therein that on the same day (29.06.2017) at about 5:30 a.m., his brother-in-law, Laxman Das S/o Shri Khemchand, resident of Sanjay- A Colony, Gali No. 3, Pratap Nagar, Jodhpur, assaulted his nephew, Nishant Rathod s/o Laxmandas, with a Nawala (a sharp-edged tool, which is being used by a cobbler) on the back of his neck while he was sleeping. On hearing his cries, the complainant’s sister awoke and raised an alarm, whereupon the family members and neighbours gathered. It was alleged that the accused Laxman Das thereafter fled from the spot. Due to the assault, the injured Nishant sustained a bleeding injury on his neck and was immediately taken to Goyal Hospital in a serious condition, where he underwent treatment. The complainant’s sister narrated the incident to him, on the basis of which the written complaint was lodged.

4. On the basis of the above written complaint, a formal FIR No.260/2017 (Exhibit P/20) was registered at Police Station Pratap nagar, District Jodhpur against the accused for the offences under Sections 307 , IPC . During treatment, Nishant succumbed to his injuries.

5. After completion of investigation, police filed a charge-sheet against the accused-appellant for the offences under section 302, IPC .

6. Learned Trial Court framed, read over and explained the charges under Sections 302 IPC to the accused-appellant, who denied the charge and sought trial.

7. During the trial, the prosecution examined as many as 15 witnesses. In support of its case, the prosecution also produced documentary evidence, Exhibits P-01 to P-20.

8. The statement of the accused-appellant was recorded under Section 313 Cr.P.C. He denied all incriminating circumstances put to him, stating that the prosecution witnesses had deposed falsely, that the evidence was fabricated, and that he was innocent. The accused-appellant produced documentary evidence, Exhibits D-01 to D-03.

9. Learned counsel for the appellant submits that the appellant was/is a short-tempered person and was not maintaining proper mental balance while dealingwith his wife and children. He submits that the incident happened in the heat of passion and there was no intention to cause fatal injuries to his son Nishant. He submits that no father howsoever frustrated or dejected may be, will not cause fatal injuries to his children. Learned counsel submits that even as per the statement of PW-1 Bhisma Kumar, who is brother-in-law of the accused-appellant it has come on record that the appellant was temperamentally weak and of eccentric nature. He often quarreled with his wife and children. He further submits that even as per PW-6 Jassi (his wife) and PW-7 Mahima, it has come on record that the accused- appellant used to beat