DAULAT Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred by Daulat who has been convicted under sections 307 and 324 IPC and sentenced on the former count to Rigorous Imprisonment for 5 years and on the latter count to Rigorous Imprisonment for one year.

(2.) RAGHUBAR Prasad alias Gunga along with his wife Smt. Kamla, mother Smt Sumitra and his elder brother Shyama Charan lived on the upper storey of his house in mohalla-Hajariana in Jhansi town. Since the pressure of water supplied by the Municipal Board was low, they had to come down to the ground floor to take the water. Daulat, appellant, who lived in the neighbourhood, also used to take water from that very tap. Three or four days before the date of occurrence, i. e. on 1-7-1973, a quarrel had taken place between Daulat, the appellant, and Smt. Kamla, wife of RAGHUBAR Prasad. In that incident, Kamla had received injuries and she had lodged a report at the police station.

(3.) APPELLANT Daulat admitted the earlier incident, but stated that he had not caused any injury in the earlier incident to Smt. Kamla. Regarding the latter incident, he stated that at the time of occurrence when he was passing in front of the house of Gunga alias Raghubar Pd. he was caught hold by Gunga, Smt. Kamla and Smt. Sumitra and they took him forcibly inside their house. There Smt. Kamla picked a knife and wanted to stab him but he ducked and the knife hit Gunga. On account of fear, he nan away from the place of occurrence leaving his bicycle behind.