RAM SARUP SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal, by special leave, is directed against the judgment and order of the Patna High court, dated 10/01/1968, in Criminal Appeal No. 514 of 1966, convicting the above two appellants for an offence under S. 326, read with S. 34 of the Indian Penal code, and sentencing them to undergo rigorous imprisonment for three years. The Sessions trial proceeded against the two appellants as well as one other accused Madan Singh. Madan Singh was convicted both by the sessions Judge as also by the High court for an offence under S. 307, indian penal code and sentenced to five years rigorous imprisonment and to pay rs. 50. 00 as fine. This court declined to grant special leave to Madan singh.

(2.) The prosecution case was briefly as follows: One Uma Shankar singh, P. W. 1 was going to his residence at about 7.30 p. m. on 3/09/1965. When he was about to reach his residence, the three accused approached him. Madan Singh is stated to have remarked "you have become a wrestler and have assaulted my uncle". At that time, the two appellants before us are alleged to have incited Madan Singh by saying "assault the rascal, it is good that he has been found all alone". On hearing this, P. W. 1 started running away; but all the three accused chased him and be was caught hold of by the appellants, while Madan Singh inflicted injuries on his neck and head with a Chhura, as a result of which he sustained serious injuries. Dr. Tejnarain P. W. 9 noted the following two injuries on his person :

(3.) According to P. W. 9 both the injuries were grievous and were caused by sharp cutting weapon such as Chhura and that these injuries were sufficient to cause death in the ordinary course of nature. P. W. 1 was in the hospital as an indoor patient from 3/09/1965 to Sept 30/09/1965, for a period of 27 days.