STATE Vs. SHIV RAM

JUDGEMENT

(1.) THIS is an application in revision by the State against the order dated 9-11-1970 of the Additional Sessions Judge, Bilaspur, wherein he has declined to amend and substitute the charge Under Section 304, Indian Penal Code for which the accused, Shiv Ram-Respondent, has been committed for trial before the court of Session, The application arises in the following circumstances.

(2.) THE prosecution case arose as a result of a report instituted by one Jiwa Nand of Kosrian Kanaita, District Bilaspur, to the effect that at about 2 a. m. on the night between 17/18th May, 1968 the accused, Shiv Ram, was found giving severe beating with 'danda' to the deceased, Baldev Singh, in the courtyard of his house, with the result that the deceased suffered many injuries of serious nature. He was removed to the hospital and on the next day, i. e on 19-5-1968 at 120 p. m. he died in the hospital as a result of the injuries received by him. The post mortem examination was conducted by Dr. V. P. Sud and in the words of the learned. Sessions Judge, the following injuries were detected:

(3.) AFTER some investigation, the Police sent up the case for committal proceedings for the offence Under Section 304, IPC The learned committing Magistrate recorded the statement of Shrimati Jasodha (P. W. 3) the own wife of the accused who had seen the beating and she stated that upon her asking the accused had said that he had killed the deceased and they could do whatever they liked with him. Besides her, Jiwa Nand (P. W. 1) was also examined. Dr. V. P. Sud (P. W. 5) also appeared to prove the medical examination. The learned committing Magistrate found a prima facie case, in his opinion Under Section 304, IPC and he committed the accused for trial before the Sessions Court.