G.N. THAMPY Vs. STATE

JUDGEMENT

(1.) ON 30th September, 1982, at about 9 a.m. near house No. H. 11, Nanakpura, Police Station R.K. Puram, New Delhi, accused G.N. Thampy is alleged to have attempted to commit the murder of Vir Bhan Kalra. Further about the same time, date and place, the accused intentionally caused bodily injuries on the person of Trilok Singh with a "chopper", which were sufficient in the ordinary course of nature to cause his death. On trial, he was convicted of both the offences i.e. under Section 307 and 302 IPC. The order of sentence dated 31st January, 1984 reads as under :-

(2.) THE present appeal is directed against this judgment of condition and order of sentence. Mr. D.R. Sethi, learned Counsel for the appellant, has urged numerous grounds but mainly laid stress on the following contentions which, according to him, completely demolish the case of the prosecution :-

(3.) HEARING the exchange of words, Trilok Singh, a washerman came there and enquired from the accused as to why he was quarreling with Vir Bhan Kalra. On this, accused Trilok Singh and threatened that the whole jhagra (quarrel) occurred on account of him (Trilok Singh) and that he would finish him to end the jhagra. Immediately thereafter, the accused caught hold of Trilok Singh from his hair and hit the dao on his neck. After sustaining dao injury, Trilok Singh fell down on the ground. Blood started oozing out from his neck. On seeing this, Siya Devi raised an alarm and asked the accused as to what he had done. The accused instead ran after Siya Devi by saying that he would also see her. Siya Devi out of fear climbed the stairs and went to her quarter.