SHASHI KAMAL RAI Vs. STATE OF U.P.

JUDGEMENT

(1.) The above three appeals have been preferred against the judgment and order dated 9-10-1980 passed by IInd Additional Sessions Judge, Ghazipur in Sessions Trial No. 153 of 1975 convicting Shashi Kamal Rai accused under Sec. 325 Indian Penal Code and instead of sentencing him to imprisonment directing him to be released on probation for a period of three years on his entering into a bond of Rs. 2,500.00 and furnishing two sureties each in the like amount, for putting in appearance to receive sentence, if and when called upon during the said period and in the meantime for keeping peace and doing good behaviour.

(2.) The prosecution case briefly stated, was that Sudhir Kumar deceased (18) and accused Shashi Kamal Rai were students of Intermediate Ist year in Government City Inter College, Ghazipur. They were students of Science group with Biology IIIrd and IVth periods of their class from 11.20 a.m. to 12.40 p.m. on every Friday and Saturday were allotted for practical in Biology subject. On 10-2-1973 (Saturday) the batch of students consisting of the deceased and the accused and other students were doing their Biology practical in the laboratory at different tables. Sri K.K. Misra (PW 9) was Biology teacher and was also supervising practical of the students. After supplying materials for practical Sri K.K. Misra (PW 9) left the laboratory. It is alleged that the accused and the deceased were doing their practical on same table. Some quarrel took place between them at the end of 4th period and the accused started fisting the deceased. The deceased defended the blows of fists, but some blows hit on his chest and abdomen with the result he sat down on the floor pressing his chest and abdomen with his hands. The accused, thereafter, left the laboratory and the other students also dispersed. Thereafter, when the deceased came on the road, the accused again started fisting him. However, the matter was intervened by passerby including Diwakar Srivastava (P.W. 3) and Jairam (P.W. 5). The deceased was brought to District Hospital, Ghazipur at 3.30 p.m. by Shaym Narain Tiwari and Chandra Prakash Sharma, where he was treated by Dr. Prem Shanker Lal. The deceased was also examined by Dr. K.P. Singh (PW 13) and Dr. Om Prakash (PW 8) who prescribed certain medicines, but ultimately the deceased expired at 4.30 pm.

(3.) After the death of deceased, Dr. Prem Shanker Lal sent a note to Station Officer, P.S. Kotwali, Ghazipur informing that Sudhir Kumar deceased was brought to the hospital at 3.30 pm. in unconscious condition by Shyam Narain Tiwari and others, and he expired on 4.30 p.m. The above information was entered at general diary report (Ext. Ka-16) and Sri Tilak Dhani Ram, Sub-Inspector (PW 11) was deputed to conduct inquest of the dead body of the deceased. He conducted inquest of the dead body of deceased on 11-2-1973 in the morning, sealed the dead body and sent the same for postmortem.