RAMESH CHANDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) We have heard learned counsel for both the parties.

(2.) Facts found and which are not disputed would show that the appellant was at his house on the date of the incident i. e. 9/05/1972. Omprakash Public Witness 2 went to deliver holy ash (bhabhuti) to Radhabai Public Witness 11 at the house of the appellant. Appellant disapproved visit of Omprakash and picked up a quarrel with him and assaulted him. Omprakash returned to his house. Thereafter Ramnarayan Public Witness 1 accompanied by deceased Kailash and Omprakash armed with sticks came to the house of the appellant to rebuke him. Appellant was then standing in the balcony of his house. One Bharatlal who was acquitted also arrived there. Appellant apprehending trouble came down on the ground floor. At that time some other accuied also joined in the melee. Appellant and acquitted accused assaulted ramnarayan, Kailash and others. In this incident appellant gave three knife blows on the back and abdomen of deceased Kailash which proved fatal.

(3.) Appellant in his statement under S. 313, Code of Criminal procedure stated that Ramnarayan Public Witness 1, deceased Kailash and his brother prakash who is none other than Omprakash came armed with sticks to his house and challenged him to come out of the house. He said that when he emerged from the house he was attacked by Ramnarayan, Kailash and prakash with sticks. He was given blows with sticks on his head and he became unconscious.