RAM PRASHAD Vs. STATE

JUDGEMENT

(1.) This Appeal impugns the judgment dated 25.10.1997 and order on sentence dated 27.10.1997 (in Sessions Case No.50/1997) whereby the Appellant was convicted for offences punishable under Sections 302/324Indian Penal Code (IPC). He was sentenced to undergo life imprisonment and to pay fine of ' 500/- for the offence punishable under Section 302 IPC or in default of payment of fine to undergo SI for one week. He was further sentenced to undergo RI for two years for the offence punishable under Section 324 IPC. The sentences were to run concurrently.

(2.) In nutshell, the prosecution case is that on 06.09.1991, at about 7:00 AM Raju (PW-1) was returning from a public lavatory. He allegedly splashed water in front of Ram Parshad s shop. The latter took offence to it. Ram Parshad abused on Raju and chased him saying why he had thrown water there. Raju got frightened and rushed into his house. He narrated Ram Parshad s behaviour to his parents. Raju s mother Shanti Devi (the deceased) suggested to his father Ramji Lal to call someone from the neighbourhood. It is alleged that while Ramji Lal had gone to call the neighbours, Ram Parshad reached Raju s house armed with a Churri. The Appellant gave a lalkaara that he would not spare anyone on that day. The Appellant gave a Churri blow to Raju's mother s left armpit. He (Raju) raised an alarm and intervened to save his mother. At this, Ram Parshad gave a knife blow in Raju s abdomen. In the meanwhile, his father Ramji Lal also reached home and tried to rescue Raju. The Appellant gave a Churri blow on the left side of his father s stomach. It is alleged that Ram Parshad s mother Batto Devi also reached the spot armed with a danda, and gave a blow with it on Raju s mother s head. Ramji Lal (Ram Parshad s father) gave a lathi blow on Raju s father s right elbow. It is alleged that in the meanwhile, Narayan and Gopal reached the spot and rescued them.

(3.) Shanti Devi (the deceased) and her husband Ramji Lal were removed to AIIMS. Raju was first taken to Mool Chand Hospital and then was removed to AIIMS. On receipt of DD No.23-A Ex.PW-8/B6, SI Prem Singh reached the spot. Having come to know that the injured were taken to AIIMS, he went there. He recorded Raju s statement Ex.PW-1/A and made his endorsement Ex.PW-25/D for registration of an FIR for the offence punishable under Section 307/34 IPC. After giving her initial treatment, Shanti was shifted to Safdarjung Hospital. She succumbed to the stab injuries and was declared dead at 11:30 AM and the case was converted to the offence punishable under Sections 302/307/34 IPC. Dr. G.K. Chaubey conducted autopsy on Shanti Devi s dead body. He found:- a stab wound over left chest size 3 x 1 cm going downwards and medially piercing through lower lobe of left lung, pericardium and left ventricle of heart. Depth of wound was 9 cm. Because of injuries there was collecting blood inside chest approx. 2 to 3 liters and also blood collected surrounding heart underneath pericardium. Margins were clean cut. Both angles acute. Injury was ante mortem and fresh before death. He opined cause of death due to hemorrhagic shock and cardiac tamponade collection of blood over heart so that heart does not pump. The injury on the chest was found to be sufficient to cause death in the ordinary course of nature.