SHANKAR Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by the accused Shankar Sunar of Ramnagar who has been convicted by the Sessions Judge, Alwar under sec. 304 Part 2 of the Indian Penal Code and sentenced to 5 years' rigorous imprisonment.

(2.) THE prosecution story is that on the 14th of October, 1951 about noon time the deceased Parbhati and the accused Shankar along with his nephew Roshan were smoking and chatting in the temple gate of Baba Sarjudas in village Ramnagar. Balu and Sheodan were also there. THE deceased Parbhati asked Shankar why he had allowed his three children to dine at a feast given by Baba Sarjudas a few days before. Shankar said that it was no business of Parbhati to take him to task for that but Parbhati said that he would have asked the children to stand up and not allowed to take their food had he so chosen. Shankar questioned the authority of Parbhati for doing so, on which Parbhati slapped Shankar on his face. Some of the persons who were sitting there hurried to separate the two but Roshan bodily lifted Parbhati and threw him on the ground, Shankar who was smoking, took his smoking-pipe (hukka) and gave a blow to Parbhati on his head from the metal side of it. This caused a grievous injury in the head and Parbhati began to bleed. Shankar and Roshan took to their heels and Baba Sarjudass and others who were on the spot bandaged Parbhati and thereafter Balu and Sheodan took him to his house. Nathia a relation of Parbhati hurried to the Police Station and made a report sometime in the evening of the same day. THE Police came upon the scene, prepared site plan and seized the blood-stained cap of the deceased produced by Nathia. Parbhati who had become unconscious was taken to Bansur dispensary where he succumbed to his injuries soon after. THE post-mortem of his body was conducted at 12 noon next day by the Medical Officer, Bahror. THE case was challaned in the Court of the Sub-Divisional Magistrate, Bahror against both the accused, but Roshan died during the enquiry. Shankar was committed to Sessions Court at Alwar to take his trial under sec. 304 Part (2) of the Indian Penal Code.