Decided on December 05,1950

KASHI RAM Appellant
STATE Respondents

Referred Judgements :-



- (1.)THE appellant Kashi Ram has been convicted of an offence under Section 304, Penal Code, and is sentenced to suffer rigorous imprisonment for a period of three years for having caused the death of one Gada Teli of the same village on 6-1-1950, by the Ses. J. , Raisen, in criminal Trial No. 60 of 1949- 50.
(2.)THE facts of the case are undisputed. Gada. Teli of mouza Silwani had two wives. He had left his first wife and married another, She too had left him and had gone to Saugor. Gada suspected Kashi Ram, the appellant to have helped her to leave the house and go to Saugor. Gada's first wife held a debt against Kashi Ram. She lived with her mother in the same village. On the 6th of January, this year Gada took Kashi Ram to her house and in her presence demanded the debt. Gada's wife, however, did not show keenness to recover it, but Gada insisted that he would recover it by force. Gada then threatened to recover the debt by force and picking up a bamboo stick, lying in the court-yard, began to assault Kashi Ram. Kashi Ram ran away to Shankar Sunar's shop and tried to conceal himself, but Gada pursued him into the shop inspite of the protests of Shankar and dragged out Kashi Ram and again started beating him with the stick. Kashi Ram received ten or fifteen blows of the bamboo stick which he tried to ward off and in the end took out a knife (kharda) from under his shirt and stabbed Gada in the chest and ran away. Gada was injured and after walking down a few steps fell down and though his wife gave him water, expired in her presence. Gada's father on being informed came there, but found him dead. Kashi Ram, the appellant had disappeared from the village for about a week and was arrested when he returned on the 3th of January 1950. In the investigation, on the information given by Mohanlal, the father of Gada, the weapon was recovered at the instance of Kashi Ram.
(3.)KASHI Ram did not fight shy of these facts urged that when Gada began to assault him and even pursued him and again assaulted him he had, save himself from the danger of either death or grievous hurt, struck Gada a passing blow of his knife. He added that ho had no intention to all Gada.

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