BHAGWATI Vs. STATE

JUDGEMENT

(1.) HAVING heard the learned counsels for the parties, we allowed the appeal as follows ; "for reasons to follow this appeal, the conviction of apppellants Hari Ram and Bhagwati for the offence punishable under Section 302 read with Section 34, I. P. C. and of Ghulam for the offence punishable under Section 323/34, I. P. C. , are set aside. They are acquitted. They are on bail, their bail bonds are discharged and they need not surrender. "

(2.) WE give our reasons for the decision. Appellants Ghulaim and Bhagwati are own brother ; appellant Hari Ram is the son of Ghulam. Bhagwati and Hari Ram have been convicted for the offence punishable under Section 302 read with Section 34 I. P. C. and sentenced to undergo imprisonment for life. Ghulam has been convicted for an offence punishable under Section 323 read with Section 34, I. P. C. and sentenced to undergo R. I. for one year.

(3.) NAND Lal was taken from the spot in an injured state to his house and was then Lald in a bullock cart. He was taken to Jetuwa Hospital about 2 or 3 miles away his injuries were examined by Dr. S. N. Srivastava (PW 8j on the same day at 3. 10 p. m. The Doctor found 2 lacerated wounds on the left side of the head and 1 abrasion on the right side of the person of NAND Lal, Badlu did not get himself examiaed at the Hospital.