BABULAL BAJPAI Vs. STATE

JUDGEMENT

(1.) Appellant Babulal Bajpai was tried with three others by Sen. J., in the Sessions Division of this Court, In accordance with the unanimous verdict of the Jury, Babulal was convicted under Section 307/34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for five years.

(2.) Babulal was placed on trial along with Lachmi Narayan Singh alias, Batarua, Ram Cnandra Singh alias, Ramaiya and Kaloo Khati alias Kaloo Mali. Batarua and Ramaiya were charged along with Babulal under Section 307/34 of the Code while Kaloo Khati was charged under Section 307/109 of the Indian Penal Code. The three co-accused of the appellant having unanimously been found not guilty of the respective charges framed against them, they were acquitted by the learned Judge. Babulal, the appellant was alone convicted and sentenced as indicated above.

(3.) The case for the prosecution briefly, was that on the night of 7-5-1957 at about 9-45 p. m., one Kishorilal Mali (P. W. 3) was suddenly attacked near the junction of Prasanna Kumar Tagore Street and Upper Chitapore Road by the appellant and two of his co-accused at the instigation or Kaloo Khati and another person who has since been discharged. The appellant Babulal struck Kishorilal (P. W. 3) on the right fore-arm with a Bhojali. Thereafter, Kishorilal was struck by Ramaiya also with a Bhojali on the right wrist and Batarua struck him on the neck with a sword. Just at the time of assault, Biswanath Mali (P. W. 5), a cousin of the injured, was proceeding homewards after day's work. Biswanath Mali heard a row and came upto the place and saw a part of the occurrence. The injured was then put in a rickshaw and taken to the Jorabagan Police Station where an information was lodged. Thereafter, Kishorilal was removed to the Mayo Hospital where he was detained for about 18 or 19 days for treatment. An investigation followed on the information lodged at the police station and a charge-sheet was submitted against the appellant, his co-accused and another named Kalidas. Kalidas was discharged from the proceeding by the committing Magistrate and the appellant and the aforesaid Batarua, Ramaiya and Kaloo Khati were committed to this court for trial.