RAM CHANDRA Vs. STATE

JUDGEMENT

(1.) This is an appeal by one Ramchandra who has been convicted under Sections 304 find 324 of the Indian Penal Code by the learned Additional Sessions Judge of Budaun and has been sentenced to .seven years' R.I. under Section 304 & one year's R.I. under Section 324, I.P.C., the sentences to run concurrently.

(2.) It appears that there was a case under Section 107, Cr.P.C. between the accused Shiamlal, Mamlal and Ramchaudra on the one side and Chandrapal Singh, his father Khem Singh and his uncle Jiwan Singh on the other. On the 5th of June, 1953, the sar of Chandrapal Singh caught fire. He was informed by some persons that the accused Shiamlal had been seen running away from the side of the sar. Thereupon he, his father Bhikam Singh and his undo Jiwan Singh abused Shiamlal and his brother. It is alleged by the prosecution that thereupon Shiamlal, Ramlal and Ramchandra came there, that Ramchandra was armed with a knife and the other two were armed with lathis, that Ramlal caught hold of Jiwan Singh and the accused Ramchandra stabbed him with the knife, that when Chandrapal ran to his help he too was assaulted and Ramchandra inflated injuries on him with a knife, Jiwan Singh and Chandrapal Singh shouted for help and thereupon several persons who were living in the neighbourhood came to their help and then the accused ran away, Chandrapal Singh and Jiwan Singh were then taken in a bullock-cart to the Police Station, Ujhani, which is at a distance of three miles from the place of occurrence and there Chandrapal Singh made a report against the accused Ramchandra, Ramlal and Shiamlal. This report was registered under Sections 307/320 and 323, I.P.C. Jiwan Singh who was severely injured was removed to the hospital and he died there on the 8th June, 1953. Thereupon, the case under Section 1.07 was amended into one under Section 304, I.P.C. The accused Ramchandra and Shiamlal were arrested on the 5th June, 1953, and the accused Ramlal on the 4th July, 1953. They denied that they had inflicted the injuries on Chandrapal Singh or Jiwan Singh though they admitted that there was enmity between them on account of the case under Section 107, Cr.P.C. They pleaded alibi.

(3.) The charge which was framed by the learner Sessions Judge against the three accused was as follows: