• Sections 302 and 34 IPC Appeal against conviction Murder Alleged that accused persons armed with lathis and stones forcibly entered into complainants house with common intention and started assaulted him, his father and mother with lathis and stones Injuries are ante mortem in nature Only one fatal injury was caused on the head of the deceased and the weapons used in commission of crime i.e. lathies and stones, are not deadly weapons Appellants and complainant are the neighbours and dispute was going on between them Appellants had no intention to kill the deceased, however, certainly they had knowledge that if they cause bodily injury on the deceased it would likely to cause death of him Appellants are convicted for the offence punishable under Section 304 Part-I/34 IPC [Paras 23, 27, 28, 35, 36, 38 and 40]
Salim vs State Of Rajasthan CRLA 334/1992 20/01/23 [ VIJAY JJ ]
[ RAJASTHAN HIGH COURT ]