RAM LAKHAN Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal against the judgment of Sri V.M. Kher, IV Additional Sessions Judge, Agra dated 14-5-79 convicting the appellant Ram Lakhan under Section 307 of the Indian Penal Code and sentencing him to undergo seven years Rigorous Imprisonment.

(2.) The prosecution case as contained in the first Information Report Ex. Ka.l lodged by Diwan Singh P.W. 2 cousin of the injured Kunwar Pal P.W. 4 at 9.05 p.m. is that on 12-1-1978 Kunwar Pal went to cut grass in the field with the appellant Ram Lakhan who was ill-disposed towards them from a long time. Ram Lakhan at about 5 p.m. with a view to murder Kunwar Pal inflicted several injures all over his body. When Kunwar Pal raised alarm, he reached the scene of occurrence with Gokul P.W. 5, Nathu Ram P.W. 3 and many other persons of the village. Ram Lakhan on seeing them, fled away.

(3.) This case was registered against the appellant under Section 307/324 of the Indian Penal Code by die C.D. entry Ex. Ka.3. Kunwar Pal was sent for medical-examinations. The report of Dr. R.C.S. Chauhan P.W. 6 shows that Kunwar Pal who was examined at 10.30 p.m. on 12-1-1978 had the following eighteen injures