BIKRAM SINGH Vs. EMPEROR

JUDGEMENT

(1.) The two appellants Bikram Singh and Nanhey Singh have been convicted, the first under Section 302 read with Section 114, I.P.C., and the second under Section 302, I.P.C., and sentenced to transportation for life.

(2.) That Narain the deceased was injured by one blow from the instrument called kasi (Ex. 1) there can be no doubt, for the medical evidence makes it clear that the three injuries caused on Narain were very likely caused by one blow. The witnesses called on behalf of the prosecution have not been able to controvert the suggestion of the defence that only one blow was given to Narain. Having considered the whole of the evidence in the case, we have no doubt that the findings of the learned Session Judge that a fight took place between Ram Prasad and Mulaim Singh on the one side and Bikram Singh and Nanhey Singh on the other, was a correct finding.

(3.) Narain who was admittedly a friend and a partisan of Mulaim Singh came up, and it may well be that the accused mistook Narain as having come up to support the side of Ram Prasad and Mulaim Singh. Nanhey Singh gave one blow with the kasi which was in his hand, and as proved by the witnesses for the prosecution was used by him for scraping grass.