SHEO CHAND Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the order dated 18.4. 1973 of Sri M. Wahajuddin, Sessions Judge, Etawah convicting appellant Sheo Chand under Section 307 I. P. C. and sentencing him to four years' R. I.

(2.) THEREWAS a school in village Balpur, police station Airwakatra in the district of Etawah. In that school Rama Kant (P. W. 2) grandson of Babu Ram (P. W. 1) used to read. One Ram Bharosey uncle of Sheo Chand appellant and brother of Ram Prasad was the President of the above said school. There was a hand-pump in that school, but it refused to work after some time for providing water to the school children. Ram Prasad, father of the appellant, removed the hand-pump from the school premises and fixed it in his own well. On 17-10-1969 Rama Kant went to the aforesaid hand-pump, but Ram Prasad did not allow him to drink water on the ground that Rama Kant was spoiling the water of the well itself. Rama Kant went in disgust and inform-ed his grand-father, Babu Ram (P.W. 1). At about 3.30 P.M. Babu Ram went to Ram Prasad aforesaid in order to protest against his action in disallowing his grand-son to drink water from the aforesaid hand-pump. Exchange of abuses followed and there was a scuffle also between Ram Prasad on the one hand and Babu Ram, on the other. Sheo Chand appellant was also there and when he saw the scuffle he went in-side his house, brought a knife and stabbed Babu Ram (P.W. 1). Witnesses including Sri Kishan (P. W. 3), Vijai Bahadur (P.W. 6) arrived and the appellant and his father ran away.

(3.) THE appellant and his father Ram Prasad pleaded not guilty. They admitted that Rama Kant was refused to have water from the aforesaid hand-pump. Their defence was that Babu Ram (P.W. 1) complainant came armed with a knife, threw Rani Prasad on the ground and sat on his chest. Sheo Chand appellant came from behind, caught ho?d of Babu Ram and dragged his left hand, which contained the knife and while h? was dragging, the knife struck Babu Ram himself on his chest.