RATI RAM Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed by Ratiram against his conviction u/S 304 I.P.C. and a sentence of seven years R.I., passed by Sri J.N. Bansal, I Additional Sessions Judge, Buiandshahr, dated 26/6/1979, in S.T. No. 529 of 1978.

(2.) The prosecution case, which is spelled out from the First Information Report, lodged by Dalpat Singh, is that informant's younger brother Charan Singh lives separate from him. On 15/9/1976 at 6 P.M. Charan Singh was scrapping grass in order to store Makka in his 'Gher'. For this purpose he was cleaning the Gher'. The Gher of appellant Ratiram is close by Charan Singh. Accused appellant Ratiram of having committed theft of the bells of his cattle. This led to a quarrel between the two. The appellant is said to have picked up a spade (Phavra) and hit Charan Singh with the same. Charan Singh fell down and became speechless. The incident was seen by Than Singh, Khem Singh and Kripal Singh.

(3.) The informant took his injured brother to the Police Station where he lodged an F.I.R. on 15.9.1976 at 8.40 P.M. The injured Charon Singh was sent for medical examination 10 Shikarpur Hospital where he was medically examined and the Doctor noted a single injury on his person. The Doctor noted the following injury on the person of Charan Singh. Incised wound 6-1/2 cm- x 1/2 cm. x bone deep on top of head.