State of Rajasthan vs Balwanta Ram

These appeals by the State are against the judgment and order dated 17.11.2008 passed by the High Court of Rajasthan at Jodhpur, whereby the conviction of the respondent accused was altered from one under Section 302 IPC to 304 Part II of the IPC and the sentence was reduced from life imprisonment to imprisonment for the period already undergone (which was more than five years) and payment of Rs.3,000/- as fine and in default of payment of fine to suffer further simple imprisonment for two years.

The prosecution story which has been believed by both the courts below is that the accused and the deceased entered into an altercation due to which the accused gave lathi blow on the head of the deceased and another injury was given on the eye. The deceased was allegedly harassing the sister of the accused. The appeals were partly allowed by the High Court and the offence was altered.

On going through the records, we find that this is not a case falling within the ambit of Section 302 IPC since the intension was not to kill, though death might have resulted by the blows. The High Court rightly altered the conviction to one under Section 304 Part II of the IPC.

The appeals are accordingly, dismissed.

Pending application, if any stand disposed of.