CHUNNI LAL Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been filed by Chunni Lal, Bachu Lal and Sharma alias Siya Ram. They were convicted under Sec. 323 read with Sec. 34 Indian Penal Code by Munsif Magistrate Chakia, Varanasi and sentenced them to pay a fine of Rs. 200/ - each and in default of payment of fine they were sentenced to undergo simple imprisonment for one month. The applicants went up in appeal before the learned Sessions Judge, Varanasi. The appeal was heard by v/s. Addl. Sessions Judge, Varanasi. He was of the opinion that the case was one under Sec. 304 Indian Penal Code . He, therefore, set -aside the conviction of the applicants and remanded the case with the direction to the Magistrate to commit the accused to the court of Session for trial.

(2.) According to the prosecution case the applicants and deceased Kapildeo were residing in village Arari within the police circle of Chakia District Varanasi. On 25th February, 1975 at about 3.30 P.M. Kapildeo was knitting his cot which created some noise to which the applicants took exception. The applicants, thereafter assaulted Smt. Dulesari wife of Kapildeo with lathis, fists and kicks and also caused injuries to Kapildeo. After the incident Kapildeo was taken to the hospital by his son and Smt. Dulcsari but on way to the hospital he succumbed to his injuries. He was declared dead at the hospital. The report at the police station was lodged by Smt. Dulesari on 25 -2 -1975 at 5.50 P. M. at police station Chakia. The case was registered under Sec. 304 and 323 Indian Penal Code .

(3.) Smt. Dulesari was sent for medical examination. She was examined on 25 -2 -1975 at 6.45 P. M. She was found to have two lacerated wounds - -one on the back of right half of the head and the other on the back of head. Both these injuries were simple and were caused by blunt weapon. They were fresh.