STATE OF H P Vs. RAMESH CHAND

JUDGEMENT

(1.) This appeal assails the judgment of Additional Sessions Judge, Shimla in Sessions Trial No. 6-/7 of 81/7-5/7 of 82, whereby accused Ramesh Chand has been convicted under Section 324 of the Indian Penal Code and instead of sentencing him to imprisonment, the trial Judge released him by applying the provisions of Probation of Offenders Act and Section 360 of the Code of Criminal Procedure, thereby directing his release on his furnishing two sureties Rs. 10,000/- for a period of one year to appear and receive sentence when called upon during this period and he was to maintain peace and be of good bebaviour. All other accused in the case were acquitted, since the prosecution failed to prove the charges against them.

(2.) Briefly, the facts are that Ramesh Chand (accused) and Amar Singh (deceased) were class fellows. They were studying in 7th Class in Government High School, Marog. On 4-10-1978, they were in their class of Sanskrit subject. There were other students also present in the class on that day at that particular time. Prayer was over and the students had gone to their classes. Amongst these students, were also Joginder Singh (P.W.-2), Kumari Sumitra (PW-3) and Yashwant (PW-4). Shri Jagdish Parsad (PW-16) was the Sanskrit teacher and at the time of occurrence, he was sitting outside the class-room and was marking the attendance of students. Ramesh Chand and Amar Singh were sitting in the class, facing each other: Before exchanging kick blows on each other, they had some verbal altercation. In the process they stood up and during this time, Ramesh Chand, accused gave a knife blow on the chest of Amar Singh. He cried. While these boys were exchanging kick blows, Joginder (PW-2) had gone out to inform the Sanskrit teacher, and when this teacher came inside the class-room, he found Amar Singh crying Mar Gia, Mar Gia. Blood was coming out of the mouth and the injury. The deceased called for his elder brother Haridayal Singh (PW1) who was also studying in the same school in 8th class. On arrival, his brother found that the deceased was bleeding from mouth and chest and told him that he was dying. On enquiry, the deceased told his brother that Ramesh Chand, studying in his class, had given him a knife blow. The teachers and the Head-master came there. The deceased was taken to the hospital where Ayurvedic Doctor, Vijay Kumar Sharma (PW11) applied Choramin injection to the deceased, but he died. His dead body was brought to the school and was kept in the Drawing Room. Information was sent to his parents. Certain influential person prevailed upon the school staff as well as the relatives of the deceased for the cremation of the body, saying that the boy died because of a fall. Accordingly, the dead body was cremated.

(3.) The Station House Officer, Police Station Chopal came to know of this incident and reached the School on 6-10-1978 and recorded the statement of Haridayal (PW-1) for the purpose of First Information Report. Investigation revealed that the blow was inflicted on the chest of the deceased by Ramesh Chand. He used knife for the purpose which was thrown out of the class-room through the window, where it was picked up by some other student from whom it was snatched by the accused, before he ran away alongwith it. Case was registered under Sections 302/201/202/176/109 of the Indian Penal Code against the accused in this case. The knife was recovered at the instance of Ramesh Chand pursuant to his disclosure statement and after making other recoveries and recording statements of various other witnesses, the challan was filed against the accused in the Magistrates Court, who committed the accused for trial before the Court of Session.