RAM NARESH Vs. EMPEROR

JUDGEMENT

(1.) The appellants Ram Naresh, Jagan, Bissu, Banarsi and Barku have been sentenced each to rigorous imprisonment for a period of two years under Section 147, I.P.C. for rioting, to rigorous imprisonment for a period of ten years under Section 307, I.P.C. for attempting to commit murder, and to rigorous imprisonment for a period of ten years under Section 326, I.P.C. for causing grievous injury by means of a corrosive substance. The case for the prosecution is that Ramji Das was walking up some steps from the edge of the river at Benares when he was surrounded by the-appellants who threw nitric acid over him and caused very serious injuries. That an attack of this nature was made upon Ramji Das admits of no doubt. A number of witnesses have been called to prove it and there is medical evidence that he was badly burnt with acid. The Civil Surgeon was summoned almost immediately and has described the injuries. It appears that Ramji Das was in serious danger of his life at one time. He has been permanently disfigured. He has lost one ear and one eye and is scarred over one side of the face and all over his body. The only question is. whether the appellants are the people who made the attack and caused these injuries. If they are guilty, the sentences passed upon them are by no means too severe.

(2.) The oral evidence consists of the statements of Ramji and four witnesses Basdeo, Parmeshwar Verma, Paresh Nath and Sakaldip who depose that they either recognized the appellants or were able afterwards to identify them in jail. It is admitted that the attack took place after dark and one general argument is that it would have been impossible for the-witnesses to recognize or identify Ramji's assailants. The reply to this argument is. that the attack took place just under an electric street lamp. It has been argued on behalf of the appellants that it is unlikely that the attack would have been made at this particular place. The learned Judge has discussed the matter and has come to the conclusion that there is no reason to disbelieve the statements made by the witnesses upon this point. The Sub-Inspector of Police who went to the place two on three hours afterwards found marks of acid there. I agree with the finding of the learned Sessions Judge and I need only add one point, namely that Ramji's assailants would probably choose a place which was not quite dark because it would be necessary for them to be certain that they were attacking the right man.

(3.) The appellants have not been able to suggest any good reason why Basdeo, Par. meshwar Verma and Paras Nath should perjure themselves to implicate them. Basdeo is a tirath purohit or panda as Ramji is, but no special connexion between them has been suggested in cross-examination. In reply to a question put by counsel for the appellants the witness said that he was a beggar and could give no idea of his income. Considering his profession, that of acting as a priest for pilgrims visiting the city, I do not think that he can be described as a man of no means or that there is any sufficient reason for disbelieving him merely because he lives on alms. Parmeshwar Verma is a Madrasi who had been living in Benares for about three years before he gave evidence. He makes his living by selling dhoop battis, which I understand are lamps of some kind used for burning incense. He admits that his income is very small, but that is no reason for disbelieving him. It was suggested in cross-examination thas he was a servant of Ramji s, but he denied this allegation. He admits that pilgrims upon whom Ramji attends buy his wares from him, but that again is no reason why he should give evidence against the appellants.