MANSA RAM Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Mansa Ram against the judgment and order dated 22-3-1971 passed by the First Temporary Civil and Sessions Judge, Meerut, convicting him under Sections 302 and 307, I. P. C. and sentencing him to imprisonment for life and five years' R. I, respectively.

(2.) THE prosecution case briefly stated is that Daya Ram, father of the appellant, carries on a grocer's shop in the market of Qasba Tatiri, P. S. Baghpat, district Meerut. In February 1970, Ranjeet deceased and Jai Bir (P. W. 2) were students of Mithili College which lies at a distance of one and a half miles from Tatiri. On 13-2-1970 at about 12-30 P. M. they visited the shop of the appellant for purchasing certain -articles. An altercation followed by exchange of abuses took place between Ranjeet and the appellant and the latter delivered a knife blow on the former's chest with intent or knowledge to cause his death. When Jai Bir tried to intervene he was also given a knife blow in an attempt to commit his murder. On receiving injuries both the victims of the offence ran away but Ranjeet fell down at a distance of about 8 or 10 paces and became unconscious. Jai Bir went towards his village but on account of giddiness he fell down in a field and remained there upto 2. 30 or 3 P. M. The occurrence was witnessed by Brij Mohan, Gaibu and Bhupal. Attempt was made to apprehend the appellant but he managed to escape with the knife. The witnesses went near Ranjeet and bandaged his wound with a Chadar. He was taken to the police outpost Tatiri and then to P. S. Baghpat where Rampal (P. W. 1) lodged the first information report (E. Ka-2) at 1 P. M. Ranjeet was immediately taken to Baghpat hospital where his injury was examined by Dr. N. D, Garg at 1. 15 P. M. The following injury was found on his body: Stab wound 1-1/8" X 1/2" X front of upper part of left chest cavity 4-1/2" above left nipple.

(3.) THE injured was unconscious and his pulse was imperceptible. The injury was grievous and was caused by some sharp-edged pointed weapon like a knife. Duration was fresh. The injury report is Ex. Ka22. As the condition of Ranjeet was serious it was advised that he may be removed to the district hospital.