RAM SUNDER DUBEY Vs. STATE

JUDGEMENT

(1.) Ram Sunder Dubey, the applicant in this Criminal Revision has been convicted by a Second Class Magistrate of Bareilly for an offence under Section 309, I. P. C. and has been sentenced to four months' S. I. and a fine of Rs. 200/-. His conviction and sentence were confirmed in appeal by the Assistant Sessions Judge of Bareilly.

(2.) The prosecution allegations were that the accused-applicant attempted to commit suicide by resorting to hunger strike. He was employed in the Mental Hospital, Bareilly, but was suspended from service. He alleged that the authorities in charge of the institution were guilty of unfair discrimination and on 27-2-1960, in order to coerce them into reinstating him, he lay down on a bed near the Gandhi statue in the heart of the city of Bareilly, flanked by placards proclaiming his grievances, and proceeded to fast on 1-3-1960 the Station Officer of the Bareilly Kotwali found that the accused's condition was deteriorating and hence had him transferred to the District Hospital and from there to the District Jail.

(3.) The accused admitted that he had gone on hunger strike but denied that he had intended fasting to death. He produced evidence to show that he was taking lemon juice morning and evening during the continuance of his fast. The courts below, however, have not believed this defence evidence and have come to the conclusion that the accused actually meant to fast to death unless his demands were conceded.