STATE OF U P Vs. RAM UJAGAR

JUDGEMENT

(1.) ONKARESHWAR Bhatt, J. Accused-respondent, Ram Ujagar, was tried under Section 302 IPC in Sessions Trial No. 345 of 1980. He was convicted by judgment and order dated 19-12-1981 under Section 304 Part II, IPC and sentenced to six months rigorous imprisonment by the then Vth Additional Sessions Judge, Basti, Government Appeal No. 653 of 1982 has been filed for enhancement of the sentence. Government Appeal No. 769 of 1982 has been filed for setting aside acquittal of the accused under Section 302, IPC.

(2.) SRI S. K. Pal, learned A. G. A. and SRI S. K. Lal, learned Counsel for the accused-respondent, have been heard and record of the case has been perused.

(3.) ACCUSED, Ram Ujagar has stated that Sita Ram appropriated his cultivatory plot with the help of the deceased, Ghurahu for which he had instituted a case. He has further stated that in the complaint name of the deceased was also mentioned due to which the deceased was very much annoyed. He has further stated that the deceased armed with Gandasa came to his house hurling abuses. The deceased entered his house and assaulted his wife due to which finger of his wife was cut. He has further stated that the deceased wielded Gandasa with intention to cause death of his wife and in order to save his wife he had assaulted the deceased. He has also stated that the occurrence did not take place under the mango tree. D. W. 1 Phulpati, wife of the accused, has stated the defence case. She stated that the deceased threatened to kill her and wielded Gandahaa which she warded off by her hand and it hit her finger, due to which injury was caused to her finger. The deceased aimed Gandasa at her neck when in the mean time her husband, accused, came and in order to save her he assaulted the deceased. D. W. 2 Bramhdeo Sahai Srivastava has stated that on 1-2-1980 Dr. R. C. Jani had examined the injuries of Phulpati. Ex. Kha- 1 is the injury report. Phulpati had received one lacerated wound 1. 5 cm x 3 cm skin deep on the right index finger on the palmer side. Other injury was contusion 5 cm x 1. 5 cm on the left side of back just below the lower and end of left scapula. She had complained of pain on the neck and on the abdomen. The injury report shows that injuries were simple and were caused by blunt object.