RAJ KISHORE Vs. STATE

JUDGEMENT

(1.) This is an appeal by Raj Kishore who has been convicted under Sections 304 and 326, I. P. C. and sentenced to four years' R. I. under the former and two years' R. I. under the latter section. The facts of the case are not disputed by the appellant.

(2.) The appellant was employed in Railway loco at Tundla. On 21-9-1949 he was on duty from 4 P. M. to 12 midnight. After finishing his work he went to his house, took his meal and lay in bed outside the house in the lane. He had not yet fallen into sleep when he saw his wife Smt. Sri Devi coming out of the house. She had a liaison with a neighbour Chandra Kishore who was then sleeping nearby with a friend of his. Smt." Sri Devi and Chandra Kishore went inside the house. The appellant got suspicious and followed them stealthily and heard his wife and Chandra Kishore whispering to each other in the courtyard of a dilapidated house adjacent to his own house. He stood there quietly. A little later, peeping over the wall of the dilapidated house he saw to his astonishment that Chandra Kishore was having illicit intercourse with his wife. He lost his self-control and immediately attacked Chandra Kishore with a danda from behind while he Was having intercourse. Chandra Kishore became unconscious on receiving danda blows. The appellant then assaulted his wife with the danda. She also became unconscious. Then he rushed inside, his house and getting hold of a razor cut the nose of his wife and again beat both of them with the danda. Several villagers Came up on the scene. The appellant himself went to the police station, lodged the first information report and deposited the chopped Off nose, the razor and the danda at the police Station.

(3.) Chandra Kishore did not regain consciousness and died four days later. The post-mortem report on his body revealed that he had received 12 injuries on all parts of his body. His skull was fractured and death, in the opinion of the doctor, was due to coma on account of head injuries. The wife recovered.