DEO NATH Vs. STATE

JUDGEMENT

(1.) THIS is a jail appeal by the accused Deo Nath against the judgment of the Additional Sessions Judge, Baran dated the 21st September, 1951 by which the accused was convicted of an offence under sec. 304 I. P. C. and sentenced to seven years rigorous imprisonment and a fine of Rs. 101/- and in default six months further imprisonment. The facts of this case are that on the 2nd April, 1950 at about 9 P. M. a panch yat was held in village Ajnawar Bhuri Lal had summoned the panchayat and he explained that he was falsely accused by Deo Nath and Girdhar Nath of having illegal connection with their aunt Ganga. At the time the panchayat was going on Bhuri Lal and Deo Nath and Girdhar Nath used abusive language against each other and a scuffle ensued. At first Girdhar Lal wanted to assault Bhuri Lal but some persons intervened and he stopped. Having seen this the accused Deo Nath snatched a lathi form some body's hand and wanted to strike Bhuri Lal. Ram Narain and Nand Lal tried to intervene but when the accused struck the blow, Bhuri Lal got aside and the blow fell on the head of Ram Narain causing his death subsequently, a few hours later. The accused ran away after this and was arrested by the police a few days later. F. I. R. was lodged at the Police Station Chhipa Barod the next morning at 3 A. M. by Krishen Gopal. The dead body was examined by Dr. Pritam Singh and the cause of death was stated to be the head injury of Ram Narain.

(2.) THE accused denied both in the committing Magistrate's court and in the court of the Sessions Judge that he inflicted any blow on the head of Ram Narain. He however, admitted his presence before the panchayat but denied having caused an injury on the head of Ram Narain Under sec. 164 however, he gave a statement before Mr. Brij Balabh Singh, Second Class Magistrate, B ran, in which he confes-sed that he wanted to strike a blow on the head of Bhuri Lal but accidentally he struck Ram Narain on the head. At the trial the accused retracted his confession.