STATE OF HIMACHAL PRADESH Vs. GAUTAM DASS

JUDGEMENT

(1.) THIS Rule in revision has been obtained by the State against the order dated 23-3-1973 of Shri N. S. Shandil, Additional Sessions Judge, Nurpur, whereby he has dropped a charge under Section 302 and in its place has substituted a charge under Section 304 of the I. P. C.

(2.) FACTS giving rise to the prosecution case are, that the deceased Baderi Dass was the land-owner and had given permission to one Baij Nath to cut grass from his land. On 15-3-1972, accordingly, Baij Nath was cutting the grass, but the accused Gautam Das appeared and forced entry upon the land. He started cutting some vegetable crop growing thereon. Upon that, Pushpa Devi and Chand Rani who are the daughters of Baderi Dass, objected but the accused Gautam Dass started abusing them. The two ladies sent for Baderi Dass (deceased) who came along with one Subhash a relation of his. The accused Gautam Dass flew into a rage and addressed Baderi Dass and others by saving that whoever would enter the field would be killed by him. He had also stated that he was actually waiting for Baderi Dass to come and object, so that he could deal with him. Saying so, Gautam Dass whipped out a knife and started giving blows to Baderi Dass and others. The injury given to Baderi Dass was on his thigh which actually cut the left femoral artery and vein resulting in his death within half an hour. The accused Gautam Dass also gave stab injury to Pushpa Devi and Chand Rani and these injuries are to be found on the left side of their chest respectively. However, these two ladies have survived and the charge against the accused, so far as they are related, is under Section 307, I. P. C. The learned committing Magistrate charged the accused Gautam Dass under Section 302, I. P. C. for having caused the death of Baderi Dass. The post-mortem examination of the body of Baderi Dass had taken place and Dr. P. C. , Kaistha who was examined in the Court stated that the injury caused was sufficient in the ordinary course of nature of cause death. Accordingly the accused Gautam Dass was committed to the Court of Session to stand trial for the offences under Sections 302 and 307 of the I. P. C

(3.) WHEN the Sessions trial was commenced by the learned Additional Sessions Judge; an application was moved before him under Sections 226 and 227 of the Code of Criminal Procedure and as a result to that application, the learned Sessions Judge dropped the charge under Section 302, Indian Penal Code and substituted the charge under Section 304, Indian Penal Code in respect of the deceased Baderi Dass, However, he has retained the charge under Section 307, Indian Penal Code. The State has taken exception to this discharge of the accused under Section 302, Indian Penal Code and has come up in revision.