RAM CHANDER Vs. STATE

JUDGEMENT

(1.) THIS appeal arises against the order of Shri Badri Parshad Puri, Sessions Judge. Karnal dated 27-1-1959 by which he convicted Ram Chander alias Ram Chand appellant under S. 307, Indian Penal Code, and sentenced him to three years rigorous imprisonment.

(2.) THE story for the prosecution briefly runs as under: Jagan Nath P. W. 2, a tailor, and Om Parkash P. W. 3, a dry cleaner carried on business in Model Town Karnal in the adjoining shops and resided in Jamna Campt. On 11-5-1958, at about 6-30 a. m. Ram Chander appellant, a rickshaw puller, who also lived in Jamna Camp, approached Om Parkash at his house and requested him for a loan of Rs. 10/ -. Om Prakash, however, told him that he had no money to spare, whereupon the appellant threatened Om Parkash of dire consequences and also at that time remarked "do you know me". Om Parkash, however, after this talk feld nervous, contacted Jagan nath P. W. 2 at the latter's house and conveyed to him the above threat. Jagan Nath told Om Parkash to show him, the person who had threatened the latter in the above manner. Jagan Nath and Om Parkash accordingly started from there, and when they reached near the house of one Lal Chand, the appellant was found standing there. Jagan Nath P. W. questioned the appellant as to what the matter was and told him at the same time that the money could not be obtained by threat like that. The appellant also got enraged, challenged the right of Jagan Nath P. W. to question him like that and also started abusing him. He then pulled out a knife from his dab. The first blow was aimed at Jagan Nath's neck but he stretched his hands to ward off the same, as a result of which the blow fell on the index finger of his right hand. The second blow of the appellant fell on the back of the left shoulder of Jagan Nath and another under the victim's left armpit and yet another on his back. Om Parkash, however, kept on entreating the appellant to refrain but the appellant started assaulting him also with his weapon and gave two blows on his head and another blow on his chest but it fell on his left arm. The alarm raised attracted Hukam Chand and Lal Chand and some others at the spot. Hukam Chand and Lal Chand took the injured to Civil Hospital, Karnal, in rickshaws. Dr. H. S. Bhandari, Assistant Surgeon attached to the Civil Hospital examined Jagan Nath on 11-5-1958 at 7. 45 a. m. and found the following injuries on his person:

(3.) THE same doctor on the same day at 7-50 a. m. examined Om Parkash P. W. and found the following six injuries on his person: