Advocates:
['SRIRAM YADAV', '', 'SANTOSH KUMAR JAIN', 'PP']

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Criminal Appeal No. 1040/2013

Jai Singh s/o Bhawar Singh, by caste Rajput, resident of village

Nangal Saaliya, Police Station Kot Kasim, Distt. Alwar.

(At present confined in Distt. Jail, Alwar)

----Accused-Appellant

Versus

State of Rajasthan through its Public Prosecutor.

----Respondent

For Appellant(s)

:

Mr. Santosh Kumar Jain

For Respondent(s)

:

Mr. Aladeen Khan, PP

HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI

HON'BLE MR. JUSTICE BANWARI LAL SHARMA

Judgment

25/02/2019

By this appeal, a challenge is made to the order dated 5^th

July, 2013, passed by the Additional Sessions Judge No.1,

Kishangarhbas, Alwar in Session Case No.14/10(20/11)(26/11).

The accused-appellant was convicted for offence under Section

302 IPC and sentenced to life imprisonment with fine of

Rs.50,000/-, in case of default to pay fine, to further undergo one

year rigorous imprisonment. The trial court directed to pay a sum

of Rs.40,000/- as compensation out of the amount of fine.

Learned counsel for appellant submits that incidence took

place under sudden provocation and on the spur of moment, thus

a case for offence under Secti