LAKHAN SINGH Vs. EMPEROR

JUDGEMENT

(1.) The petitioner, Lakhan Singh (22), has been convicted by the learned Sub- Divisional Magistrate of Dinapore under Section 326, Indian Penal Code. In appeal, the learned Additional Sessions Judge of Patna has maintained the conviction, but has reduced the Magistrate's sentence, namely two years rigorous imprisonment, to eighteen months rigorous imprisonment, leaving the fine imposed, Rs. 50 or in default two months rigorous imprisonment, to stand.

(2.) The case against the petitioner was that he was the servant of one Medni Prasad (P.W. 2). On the night of 18 January 1941, the petitioner, Medni Prasad and Medni Prasad's young son, Nilmani Prasad (P.W. 4), a boy of nine, were all sleeping together in the verandah. At 3 A.M. Medni Prasad was awakened by feeling himself being cut, and he saw the petitioner standing over him with a garansa. He raised an alarm to which neighbours replied that they were coming, and on hearing this I the petitioner bolted away. He was, however, chased by the villagers, and was successfully caught by P.W. 9, a Sadhu under a vow of silence, and others. The reason given by Medni Prasad for the assault was that he had abused the petitioner severely the previous evening for omitting to feed the cattle.

(3.) The evidence against the petitioner consisted of the statement of Medni Prasad that he had actually recognised him at the time of the assault, the evidence of the boy, Nilmani Prasad, that he had also recognised him, the evidence of two neighbours (P.W.s 5 and 6) that they had heard the cries, seeing the petitioner actually running away had joined in the chase, and had helped the Sadhu to catch him, also the evidence of the Sadhu himself (P.W. 9), which was given in writing owing to his vow of silence, that he had seen the man running and chased him, and caught him by the throat. The medical evidence disclosed that Medni Prasad had five incised injuries and an abrasion, and three of these incised injuries were grievous.