BABU LAL Vs. STATE

JUDGEMENT

(1.) This is an appeal by Babu Lal, Rameshwar and Ram Chand who have been convicted by the learned Sessions Judge of Agra under Sections 302/34, 324/34 and 323/34 I. P. C. and each sentenced to imprisonment for life under Section 302/34, to one year's rigorous imprisonment under Section 324/34 and to six months' rigorous imprisonment under Section 323/34 I. P. C., the sentences to run concurrently.

(2.) The case for the prosecution as set out in the first information report made by Natha P. W. 1 supported by the oral testimony of the witnesses was as follows: On the morning of 22-9-1957 Ramvir son of Natha was returning from Tundla. Ram Chand accused met him near the Dharamshala of Pokhpal, He asked Ramvir to give him the cane which he had with him. Ramvir refused to part with his cane. Ram Chand then slapped him. Ramvir went home and some time later in the day told his father Natha and his grand father Bharat Singh as to what had happened. Natha and Bharat Singh went along with Ramvir to Ram Chand to remonstrate him for his conduct. This was on the evening of 22-9-1957. Ram Chand did not listen to reason and he started abusing them. Meanwhile Rameshwar and Babu Lal accused accompanied by one Balbir came up and they joined with Ram Chand in- giving a few slaps to Natha Singh and Bharat Singh. They also tore away the kurta of Bharat Singh. The matter ended there. On the following morning, that is on 23-9-1957, Natha Singh P. W. 1. Shyam Lal P. W. 4 and Sobha Ram deceased were smoking on the chabutra of Natha Singh. The three appellants came there, abused Natha Singh and remarked: "You made a report yesterday against us, we will see you today." Ram Chand had the ballam Ex. 4, Rameshwar had the knife Ex. 3 and Babu Lal had the lathi Ex. 1 with them. Natha Singh asked the accused not to abuse him. The accused then said "Mar do sale ko jan se." Ram Chand gave a spear blow to Sobha Ram who fell down after struggling for two or three steps. Rameshwar Rave two knife blows to Natba Singh; and Babu Lal gave certain lathi blows to Shyam Lal. Natha Singh snatched the lathi Ex. 1 from Babu Lal accused and used it in self defence and caused certain injuries to Babu Lal and Rameshwar accused. On seeing that the condition of Sobha was grave the accused ran away. They were chased upto a certain distance by Munni Lal P. W. 3, Babu Lal P. W. 2 and Bhopi Chowkidar P. W. 6, who arrived there when the assault was going on. Ram Chand and Rameshwar threw away the spear and the knife in the field of Umrao from where they were picked up by Bhopi Chowkidar who produced them at police station, Tundla. Sobha Ram was being taken on a cot to police station Tundla, but he expired while on the way.

(3.) The report of the occurrence was lodged by Natha Singh P. W. 1 at police station Tundla at 7-40 a. m. Sub-Inspector Shamsher Singh, Second Officer, was deputed by the Station Officer to arrest the accused and at about 3 p. m. they were arrested while concealing themselves in the cemetery. The accused were brought to the place of occurrence; and Sub Inspector Surat Singn, the S. O. of that police station, 'removed the blood stained clothes of Rameshwar and Babu Lal from their person.