SHYAM LAL ALIAS SHYAMA Vs. STATE

JUDGEMENT

(1.) THESE are two connected appeals arising out of an order dated 24th April, 1970, passed by the learned Additional Sessions Judge, Rampur, convicting Shyam Lal alias Shyama (appellant) in Criminal Appeal No. 1008 of 1970) Under Section 302, IPC simpliciter and sentencing him to death, and convicting Chhanga (appellant in Criminal Appeal No. 1499 of 1970) Under Section 325 read with Section 109, IPC and sentencing him to three years' rigorous imprisonment. There is also before us the usual reference, made by the learned Additional Sessions Judge, for confirmation of the sentence of death passed by him against Shyam Lai.

(2.) THE person who lost his life was Radhey Shyam, a resident of Mohalla Jhanda, within Police Circle Kotwali, Rampur. The prosecution case, briefly stated, is that on 13th November. 1967 at about 2. 30 p. m. several sweepers had assembled in the compound of the Municipal Board, Rampur, where a selection for the appointment of sweepers on full time basis was to be made. At about 3 p. m. Radhey Shyam (deceased) arrived there on a cycle and made a general enquiry from the persons assembled there as to where his uncle Sarvi Jamadar was. At that stage an altercation took place between Radhey Shyam (deceased) and Chhanga (appellant) for the simple reason that Chhanga while replying to the general query made by Radhey Shyam, used indecent language. Both Radhey Shyam and Chhanga fought each other with fists, and while Radhey Shyam was having upper hand in that fight, Chhanga instigated his friend Shyam Lal (appellant) to hit Radhey Shyam. Shyam Lal (appellant) had a knife concealed in the back pocket of his pant. He took out the knife and inflicted a blow on the thigh of Radhey Shyam (deceased ). At that stage Radhey Shyam suddenly turned towards Shyam Lal and the next blow that was given by Shyam Lal landed in the abdomen. As a result of that blow the intestines of Radhey Shyam came out. The witnesses, who were already present there, shouted to intervene and both the assailants, namely, Shyam Lal and Chhanga, left the place riding on one and the same cycle. The witnesses, who were present there did not have the courage to catch hold of Shyam Lal, who was brandishing a knife.

(3.) SARVI Jamadar (P. W. 2), the uncle of the deceased managed to reach the place of occurrence immediately after hearine about the incident. The occurrence had taken place in front of the Health Office where Sarvi Jamadar was employed. He immediately took Radhey Shyam on a rickshaw to the District Hospital, where on being examined by the doctor he was declared to have already succumbed to his injuries. On being asked by Sarvi Jamadar Ram Bharosey (P. W. i) went to police station Kotwali and lodged the first information report the same day at 3. 45 P. M. The place of occurrence was at a distance of about two furlongs only from the police station. However, the report was lodged after 45 minutes because the injured was first taken to the hospital and Ram Bharosey was sent to the police station only after the injured had succumbed to his injuries. There was thus no delay in lodging the first information report.