RADHA BALLABH Vs. REX

JUDGEMENT

(1.) THIS is an appeal by Radha Ballabh from the order of Raizada Gurcharan Dass, Sessions Judge, Ajmer Merwara, dated 10th January 1949, convicting him Under Section 324, Penal Code and sentencing him to undergo three years' rigorous imprisonment. There is also an appeal on behalf of the Crown that Radha Ballabh be convicted Under Section 302, Penal Code, or in the alternative under S3, 807 and 326, Penal Code and an appropriate sentence be passed on him. This is Criminal Appeal No. VII [7] of 1949.

(2.) BENI Prasad is the deceased, and was the son-in law of Pearey Lai of Ajmer, Jogeshwar is the brother of the deceased Radha Ballabh is the accused, and is married to the niece of the deceased. The case of the prosecution is that on 7th February 1913 at about 7-80 p. M. Beni Prasad, Jogeshwar and Pearey Lai were sitting. together on the third storey of the house of Pearey Lai at Ajmer, Radha Ballabh came, and also at down there. He asked Jogeshwar and Pearey Lai to leave the room aa he wanted to have some private talk with Beni Prasad. They left the room and came out. Boon thereafter Bern Prasad was beard shouting 'burnt burnt. ' Jogebhwar and Pearey Lai rushed into the room and saw Radha Ballabh pouring some liquid from a bottle over the person of Beni Prasad. Jogeshwar caught hold of the hand of Radha Ballabh. This led to a scuffle, and therein some liquid fell also over the person of Jogeshwar. The bottle containing the liquid in the souffle fell down on the floor. Radha Ballabh -was caught hold of, and taken to the 'kotwali. ' Beni Prasad was taken to the Civil Hospital. The medical-examination revealed that Beni Prasad had been burnt with some strong corrosive acid. Beni Prasad remained a3 an indoor-patient for some days, and died on 16th February 1948. The motive for the alleged assault is said to be that Badha Ballabh suspected Beni Prasad to be on terms of intimacy with his wife.

(3.) RADHA Ballabh in his statement before the court below denied the allegations of the prosecution, and pleaded 'not guilty. " His case was that it was Beni Prasad, who had first poured out the liquid from a bottle over his person. He caught hold of his hand. This led to a souffle, and therein some liquid fell also over the person of Beni Prasad. The motive for the alleged assault is said to be that he had blamed Beni Prasad to be on terms of intimacy with his wife.