P N SHUKIA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Pashupati Nath Shukia had been convicted under section 302 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for life. Aggrieved thereby, he has preferred this appeal.

(2.) The uncontroverted facts are that Prem Chandra deceased aged eight years used to live with his brother-in-law Jasbir informent P.W. 1. The house wherein Jasbir resided was contigeous to the house in a portion of which the appellant was a tenant and in the remaining part of which there was the office of the Ziledar of the Canal Department wherein Jasbir was employed as a peon. The deceased sustained the injures noted below on 30-5-1977.

(3.) The prosecution case is that there was a quarrel between the son of the appellant and From Chand deceased in the afternoon of 30-5-1977. On coming to know of it, the appellant who was a doctor got very enraged. He, finding Prem Chand hiding himself beneath on office table of the Canal Department lifted and floored him in the pucca verandah. The Amina Shambhoo Narain Pandey P.W.2, Ram Awadh P.W.3, Mejidullah and Ram Awadh Gupta were preparing departmental registers nearly in that verandah and the informant Jasbir was also there. Prem Chand became unconscious immediately on sustaining the injuries. The appellant himself started treating him but when he could not be cured, he was taken to the Maharajganj Primary Health Centre. Dr. Om Prakash on duty there, advised that he be shifted to the main hospital at Gorakhpur for X Ray and treatment. From Chand died while being taken to Gorakhpur. The appellant before the incident had been advised by Am ins not to inflict injuries on Prem Chand.