RAMCHANDRA CHAMRU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant Ramchandra son of Chamru was prosecuted under Section 302 of the Indian Penal Code for the murder of one Laxman son of Tima of Umrer. He was convicted under Section 304, Part I, of the Indian Penal Code, and sentenced to rigorous imprisonment for a period of ten years by the First Additional Sessions Judge, Nagpur.

(2.) RAMEHANDRA used to visit the house of Mst. Yashodi (P. W. 1) frequently as he had illicit connection with her. On the night of the 31st July 1952 he went to her house as usual. Laxman, who was the brother of Mst. Yashodi, happened to go there and finding Ramehandra sitting with his sister beat him with a lathi. Ramehandra left the house of Mst. Yashodi. Laxman followed him. There was a scuffle between them when they grappled with each other. During this scuffle Ramehandra stabbed him with a 'gupti' and escaped. Laxman was removed to the house of his sister Mst. Yashodi where he succumbed to the injury inflicted by Ramchandra. The above facts are not now disputed.

(3.) THE learned Additional Sessions Judge held that the accused exceeded the right of private defence in causing the death of Laxman and convicted him under Section 304, Part I, of the Indian Penal Code as stated above. The appeal is directed against this finding of the trial Court. The only ground raised is that the case fell within the purview of Section 100 of the Indian Penal Code and the appellant ought to have been acquitted.