V. K. Mehrotra J. - (1.) APPELLANT Daya Ram has been convicted under Section 302 IPC and sentenced to imprisonment for life by the IV Additional District and Sessions Judge, Saharanpur by judgment dated August 9, 1975. He has also been convicted under Section 25(1)(b) of the Indian Arms Act and sentenced to under go rigorous imprisonment for one year. The charge against him is that at about 6 p.m. on August 9, 1974 he inflicted knife injuries on Ram Bahadur in front of quarter No. 4 of Block No. 112 in Labour Colony of Cloth Mills at Saharanpur. The knife had a blade of a length in excess to the one which could be in possession of the appellant without a licence. The charge under Section 25(1)(b) of the Arms Act is in that regard.
(2.) THE prosecution came to court with a simple story. It has been alleged on its behalf that the appellant was insisting that the deceased should pay a subscription of Rs. 5/- for Janmashtami celebrations unlike the other who had paid Rs. 21- because the deceased was making sufficient money. On the refusal of the deceased to do so, the appellant assaulted the deceased with a knife repeatedly. Karan Bahadur Singh (PW 1) a brother of the deceased, his nephew Devi Bux, Ganesh Prasad (PW 7) Rameshwar Singh (PW 8). Sukhari Singh and others who had been attracted to the scene of the incident earlier on hearing the altercation between them, had seen the assault on the deceased. THE appellant was given a chase and was apprehended by them after assaulting him when he attempted to escape. Head Constable Iliyas Ahmad and Constable Pritam Singh of Police Outpost Labour Colony, who were on petrol duty, had arrived meanwhile. THE appellant as well as the weapon of assault were handed over to them and a written report made by Karan Bahadur Singh was also sent to the police Station through Rameshwar Singh. In this; report, the above facts were narrated and it was also mentioned that there was old enmity between the reporter and the appellant. THE report came to be recorded at Police Station Sadar Bazar at 7.15 P.M. the same day, namely on August 9, 1974. Ram Bahadur died by the time he reached the hospital. The post mortem examination of his dead body was made by Dr. Surendra Singh (PW 6) who was the Medical Officer at the District Hospital and the following ante- mortem injuries were found on it :-(Injuries quoted-Ed.) Clotted blood was found present under injury No. 4 on the abdominal wall and fluid blood in the abdominal cavity. Death, according to the doctor, had resulted due to shock and haemorrhage in consequence of injury nos. 1, 2 and 4. These injuries could have been caused by a knife of which the length of the blade was at least 4". The; length of the blade of the knife (Ext. 1) with which the appellant is said to have assaulted the deceased was about 6". Dr.Surendra Singh, in his cross examination, expressed the opinion that the possibility of an injury like injury no. 4 found on the body of Ram Bahadur Singh being caused by a knife with a blade of smaller length was remote.
(3.) SUB-Inspector Hari Shamker Sharma (PW 10) of Police Station Sadar Bazar was present when the report was lodged there. He took up investigation but could not complete it because he was transferred from that Police Station on August 11, 1974. Station Officer Ishwar Chand Sharma of Police Station Sadar Bazar completed the investigation and submitted charge sheet against the appellant. Pw 2 Karan Bahadur, the younger brother of the deceased who had lodged the first information report :Pw 7 Ganesh Prasad and Pw 8 Rameshwar Singh deposed to the facts of the case as eye-witnesses. Their testimony was accepted by the Trial Judge. The version given by the appellant, which was not accepted by the learned Judge was that on account of the pre-existing enmity with the deceased and the witnesses who belonged to the same community and were of the same family, all of them suddenly burst into his quarter armed with lathis and struck several blows on his head. He used a small knife with which he was cutting vegetables at that time in his self defence. The injuries of the appellant had been examined on August 9, 1974 by Dr. S. N. Mandal (DW 1) who was a Medical Officer at District Hospital, Saharanpur when the appellant had been sent for the purpose along with Constable Pritam Singh by Sub-Inspector Hari Shanker Sharma. The injuries which were found on the person of the appellant by Dr. Mandal were these : (Injuries quoted-Ed.);