RANJIT SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 16th August 69 passed by IV Additional Sessions Judge -Kanpur convicting the appellant of the offence Under Section 307, IPC and sentencing him to seven years' R.I.

(2.) THE facts leading to this appeal can briefly be stated as under: Ranjit Singh appellant and Yashpal Singh P.W. 2 were on friendly terms since sometime before the occurrence. Both of them used to visit the shop of Smt. Shanti who ran a betel shop in the locality in which the appellant and Yashpal Singh P.W. resided. On 12th May 1968 the appellant went to the house of Yashpal Singh (P.W. 2) near about 8.30 p, m. and then both of them went to the shop of Smt. Shanti. Near about 9 p.m. Inder Singh P.W. 1 father of Yashpal Singh P.W. received information that a scuffle was taking place between the appellant and Yashpal Singh at the shop of Smt. Shanti. Inder Singh accompanied by his son Gurtek therefore went to the shop of Smt. Shanti and, finding the appellant and Yashpal quarrelling with each other, separated them. Inder Singh then asked Yashpal Singh to accompany him to his house. Yashpal Singh however said that he would first get some betels prepared from Smt. Shanti and then proceed for the house. When Yashpal was at the shop of Smt. Shanti getting betels prepared, the appellant returned from his house armed with a knife and gave two blows to Yashpal Singh with the same. Having inflicted the blows the appellant 'an away. He was chased by Inder Singh and others for some distance but could not be apprehended.

(3.) DR . S.C. Gupta (P.W. 8) of Lala Lajpat Rai Hospital Kanpur medically examined Yashpal Singh on 12th May 1968 at 10 p. m. He found the following injuries on his body. 1. Incised wound 3'x1/2' depth under observation starting from the posterior axillary line downwards and Medially reaching the mid axillary line approximately in 6th intercostal space on the left side of chest, fresh bleeding was present and omantum was protruding outside. 2. Incised wound 1'x1/4'x1/4' between the angle of 1st and 2nd metacarpal at the back of left thumb. At 10.35 p. m. the dying declaration of Yashpal Singh was recorded as his condition continued to be grave.