RATI RAM Vs. STATE

JUDGEMENT

(1.) THE appellant, Rati Ram, has been convicted by the learned Sessions Judge, Alwar, under sec. 304, part one, of the Indian Penal Code, and sentenced to 7 years' rigorous imprisonment. THE prosecution story is as follows: -

(2.) ON the 7th of May, 1952, at about 5 in the evening, a bullock belonging to Khubi Jat of village Jadka, Police Station Kishangarh, Alwar District, got into the guara of Ram Sahai Jat of the same village. Rati Ram gave a lathi to the bullock, and drove it away. Khubi brought the bullock to his guara. . and tied it there. Soon after, Rati Ram, Ram Sahai, Chaju and Sunder Lal were approached by Khubi, who protested why his bullock was struck. This gave rise to an exchange of hot words between the parties, and Ram Sahai's party assaulted Khubi with lathis. Khubi raised an alarm, which brought Patram to the spot. Patram received some lathi blows at the hands of Ram Sahai's party. During the progress of the fight, Bobar deceased, a brother of Khubi, also came to the spot, and tried to stop the fight by entreating with folded hands. Unaffected by Bobar's entreaties, Rati Ram picked up a pharsi from a poli nearby, and inflicted belows on Bobar. Chaju and Sunder also dealt lathi blows on him. Bobar fell down unconscious, and shortly after he died.

(3.) TO my mind, however, proper conviction of the appellant was under sec. 304, part 2, of the Indian Penal Code, as it cannot be said that he had intention of causing death or any bodily injury which was likely to cause death. It. cannot, however, be denied that when he struck a pharsi blow on a vital part like the head of Bobar, he could have the knowledge that death was likely to result therefrom.