SIDHESHWAR Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal by Sidheshwar, aged 30 years, a resident of Kanpur, who has been convicted Under Section 302 of the IPC and sentenced to death by the learned Sessions Judge of Kanpur. Along with the appeal there is the usual reference Under Section 374 of the Code of Criminal Procedure by the learned Judge for the confirmation of the sentence of death passed on the Appellant.

(2.) On the 9th of June, 1955, one Chhotke was stabbed in the back by Sidheshwar, who was assisted by three others, namely, Chhanga, Ram Prasad and Maiku. The attack was made in a locality near the Bara Chauraha of Gilis Bazar, Kanpur, at the door of a Hata known as the Bhainsiya Hata, at about 5-15 in the evening on 9-6-1955. The assault was witnessed by some persons and in particular by Lal Singh, Puttan Singh, a young girl by the name of Kumari Ram Babul, and one Chhote Lal--these persons appeared in the case as eye-witnesses to prove the assault. Chhotke received grievous injury to his back. According to the prosecution case, Ram Prasad caught hold of Chhotke by the collar, Maiku shouted "dekhte kya ho, mar sale ko" and then Sidheshwar Appellant picked out a karauli from his waist and gave a blow to Chhotke on his back, with the result that the blow fell 1 1/2" away from the middle line of the right side of the back penetrating through the sixth intercostal space and causing an injury 2 1/4" X 3/4" X pleura cavity. Chhotke was almost immediately taken to the police station, which was at a distance of only two furlongs from the scene of occurrence and from there he was sent to hospital where he died at 7 p.m.

(3.) Chhotke was an employee in a shop which was owned by Chhotey Singh and Lal Singh and which sold sweets, puris and parathas and was situate in Mohalla Bara Chauraha, Gilis Bazar. Lal Singh was at his door at the time of the assault and so he was able to witness he occurrence; he, however, was unable to render any assistance save getting a rick; haw, placing Chhotke on it and taking him to the police station and the hospital. A kind of bandage was put round the bleeding wound of Chhotke.