JAINARAIN Vs. THE STATE

JUDGEMENT

(1.) JAI Narain of village Jhingura, P.S. Hathras district Aligarh, was charged under Section 304 I.P.C. for causing the death of one Mukanda of the same village on the 13th June, 1951, at about 2 p.m. by striking him with a dhankutta (Ex. 1). Reoti was charged under Section 323 I.P.C. for causing simple hurt to one Megh Singh during the same occurrence and also under Section 352 I.P.C. Jai Narain was found guilty under Section 304 I.P.C. by the learned Sessions Judge of Aligarh and was convicted and sentenced to 4 years' rigorous imprisonment, Reoti was found guilty under Section 352 I.P.C. and was sentenced to a fine of Rs. 25/ -, in default 2 weeks' rigorous imprisonment. Jai Narain has filed the present appeal against his conviction and sentence.

(2.) THE Prosecution case as disclosed in the first information report which was made by Rumali, nephew of Mukanda deceased, on the same day (13th June, 1951) at 7 p.m. at police station Hathras, which is at a distance 5| miles from village Jhingura, may be briefly stated as follows: There was a feast at the house of Sanwalia Cha -mar of the village on the 13th June, 1951. The complainant Rumali, his father Tunda, his uncle Mukanda, and Susa son of Mukanda, were invited to that feast. These persons did not go to the house of Sanwalia for the feast till 2 p.m. Sanwalia then sent some -one to call them. They then went there and reached there at about 2 p.m. Reoti, brother of Sanwalia, thereupon asked them as to why they had come so late when they had been invited much earlier. There was some altercation between Reoti and Susa on this point. While the altercation was going on Rumali, his brother Megh Singh and Mohana also reached there. Reoti started abusing these people. It is said that Jai Narain accused then brought a dhankutta and Dwarka and Reoti brought lathis; and that Jai Narain hit Mukanda with the dhankutta on the head and Dwarka and Reoti dealt lathi blows and Mukanda fell down on the ground and died. It is further alleged that Buddha, Gulzaria, Mewa Chamar and Gajadhar Thakur were present there at that time and had witnessed the occurrence. It is also alleged in the report that Mukanda died as a result of the injuries received by him and that Megh Singh had also received some injuries.

(3.) THE accused Jai Narain in his statement before the committing magistrate stated that Mukanda had hit him with lathi on the head and it began to bleed and that Mukanda was going to hit him again when he picked up the dhankutta and hit him with it in self -defence. He made a similar statement in the court of the sessions.