RAM BAHADUR Vs. STATE

JUDGEMENT

(1.) RAM Bahadur appellant has been convicted Under Section 302 I. P. C. by the 1st Civil and Sessions Judge, Aligarh, through his order dated 22-2-1972. The learned Judge has sentenced the appellant to undergo life imprisonment for that offence.

(2.) THERE is a village in the district of Aligarh known as Purdil Nagar. It lies within the circle of Police Station Sikandra Rao and is at a distance of about two miles from that thana. The said village appears to be a big one as there is an Intermediate College in that village which College is also a recognised centre for the High School examinations conducted by the U. P. Board of High School and Intermediate Education. There is a dharamshala in that village which belongs to one Sri Ghan Shiam Das. Its building is double storeyed. There are rooms in both the floors of that building. There are tin sheds on three sides in the ground floor in front of the rooms which exist in that floor. The building is electrified. The High School examination of 1971 was going on when the occurrence of the case under appeal took place. Students belonging to adjoining village had come to Purdil Nagar for taking up their examination at that centre and some of those students including Madho Singh PW 7, Rajbir Singh PW 8, Kishan Lal PW. 9, Ram Gopal PW. 10, Satish Chandra PW. 12 and Sarvesh Kumar PW. 17 were staying in different rooms of the dharamshala.

(3.) THE prosecution case is that just out of fun the students occupying different rooms of the dharamshala used to throw brick-bats upon the tin sheds which exist in front of the rooms of Dharamshala whereby noise was created and the students, who used to remain busy with their studies felt disturbed. An incident of brick-bat throwing had taken place at about 7 P. M. on 14-4-1971 but nothing untoward happened at that time. After about on hour of that incident, i. e. at about 8 P. M. the students, who were occupying the first floor rooms of the dharamshala, threw some brickbats upon the tin sheds of the ground floor whereupon the students, who were occupying the ground floor rooms, raised objection. Ram Bahadur appellenl had come to coach arithmetic to Sarvesh Kumar PW. 17 as his examination of that subject was to be held next morning. This Sarvesh Kumar was occupying a room of the first floor and Ram Bahadur appellant was in that very room when objection was raised against brick-bat throwing at about 8 P. M. by the students occupying the ground floor rooms. Ram Bahadur came down from the first floor to the ground floor and told the students occupying the ground floor rooms that brick-bat throwing would continue and anybody who objected to it would be beaten. Madho Singh PW. 7 then asked Kishan Lal PW. 9 to go to the house of one Subhash and to bring with him the students of village Gopi who were staying at that house so that they could ask the students occupying the first floor rooms of the dharamshala not to disturb their studies by throwing brick-bats. Kishan Lal went to the house of Subhash but the students of village Gopi refused to come with him as they were busy with their studies. When Kishan Lal was returning from the house of Subhash he met Subhash and told him that he had gone to his house to bring the students of Gopi so that throwing of brickbats resulting in the disturbance of the studies of the students occupying the ground floor rooms of the dharamshala could be stopped. At that time Subhash deceased resident of village Jarera was accompanying Subhash of Purdilnagar. Both those Subhashs asked Kishan Lal to go back to Dharamshala and they promised to come there at about 9 P. M. After some time both of them went to dharamshala. Subhash deceased was then holding a cane, whose broken pieces are Ex. 4. Both of them called out the students occupying the first floor rooms of the dharamshala and asked as to who was causing disturbance to the studies of the boys occupying the ground floor rooms. Ram Bahadur appellant then appeared at the balcony of the first floor and asserted that it was he who was throwing brick-bats. The two Subhashs then went upstairs. They caught hold of Ram Bahadur appellant and brought him to fee ground floor where the deceased gave him a few canes. Some other students also came down from She first floor and Ram Bahadur was rescued. He them went upstairs and again came down with a knife in his hand. By that time both Subhashs had reached the outer door of the dharamshala. Ram Bahadur attacked Subhash deceased by means of a knife and caused injuries to him. Thereafter Ram Bahadur ran to the first floor. The deceased pursued him upto the staircase and fell down. He ultimately succumbed to his injuries.