JOYPRAKASH SHAH Vs. STATE OF ASSARN

JUDGEMENT

(1.) Two questions have come up for consideration in the criminal revision. First, the validity of the conviction 304 part II, I.P.C. and, secondly, whether the sentence needs reduction and/or modification

(2.) The incident has been described by the learned Sessions Judge as a tempest in a tea cup. However, it was not so, although the tea shop as well as the persons connected the with shop were connected with the incident and the trouble originated over a cup of tea, It is alleged by the prosecution that in the after noon of 25-6-75, about 9 years ago; the petitioner who was about 12 years of age, ordered for a cup of tea but refused to make the payment and misbehaved. After an altercation with the owner the boy left the shop. According to the accused he did order for a cup of tea but as there was a fly in it, he wanted replacement which was refused and instead price of tea was demanded, there was an altercation and the petitioner had to leave the shop.

(3.) The second and the most important part of the story is that immediately there after another teen aged boy Giridhar, son of the owner of the tea shop, went out to ease himself. however, towards the direction where the petitioner had gone. It is alleged that Giridftar, chanced to meet the petitioner and wanted to know why he had misbehaved. It is alleged that there was an altercation. in the course of which the petitioner whipped out a knife and dealt It blow, which pierced the abdomen of Giridhar, who made a dying declaration but ultimately succumbed to the injury.