CHET RAM Vs. STATE

JUDGEMENT

(1.) THE appellant is a young man aged 27 years who has been convicted by the Sessions' Judge of Mahasu, Under Section 304. Part II, Indian Penal Code, and sentenced to one year's rigorous imprisonment only, and to pay a fine of Rs. 100/-, and in default of payment of fine, to undergo three months' further simple imprisonment.

(2.) THE prosecution case was that on 13th of October, 1969. the appellant, while going from Haripur towards Patta, on a road known as 'brotiwala Road', came across a woman, Smt. Prabhi, aged about 100 years. and quarrelled with her. Then, the appellant is alleged to have thrown stones at the aged woman and injured her. Rattan Lal (P. W. 4), who was said to be following the appellant at some distance, was said to have heard voices and seen the accused throwing stones. The accused is alleged to have run towards Patta when he. saw Rattan Lai. The appellant was chased by Rattan Lal P. W. 4. The appellant was finally caught by Ram Dass (P. W. 6), the Chowkidar of the Rest House of Patta, who had heard an alarm raised that a murderer was running away. According to the prosecution case, the appellant, on inquiry from him, after having been caught, had stated that the old woman had abused him, and, therefore, he had thrown , her down. Kali Ram (P. W. 7), who was also passing with his cattle, informed Gita Ram (P. W. 14), after having been told about the occurrence by Rattan Lai, who was chasing the accused, so that Gita Ram also chased the accused. Kali Ram called out to the villagers and took them to the place where the old woman was lying. Smt. Prabhi was said to have been found in a sinking condition about five steps (five "qadams" or "karams") below the road. She had injuries on her head and right arm. She expired after having been taken a few yards along the road and her body was deposited there. It appears that, amongst the persons who had lifted Smt. Prabhi, was Siri Ram (P. W. 8), her son, who stated that she was lying below the embankment of the road in an injured condition. Amar Singh (P. W. 10) was the Police Constable on patrol duty to whom the appellant was handed over after arrest. He brought the accused to the spot where the deceased's corpse lay. A first information report was lodged at Police Post Brotiwala at about 6. 30 p. m. and was duly recorded at the Police Station, Solan, on the next day.

(3.) THE injuries found on the body of Smt. Prabhi by Dr. K. C. Sharma (P. W, 5), who conducted the postmortem on 15th October, 1969, were reported as follows: