M.M.Gupta - (1.) THIS appeal has been preferred by Daulat who has been convicted under sections 307 and 324 IPC and sentenced on the former count to Rigorous Imprisonment for 5 years and on the latter count to Rigorous Imprisonment for one year.
(2.) RAGHUBAR Prasad alias Gunga along with his wife Smt. Kamla, mother Smt Sumitra and his elder brother Shyama Charan lived on the upper storey of his house in mohalla-Hajariana in Jhansi town. Since the pressure of water supplied by the Municipal Board was low, they had to come down to the ground floor to take the water. Daulat, appellant, who lived in the neighbourhood, also used to take water from that very tap. Three or four days before the date of occurrence, i. e. on 1-7-1973, a quarrel had taken place between Daulat, the appellant, and Smt. Kamla, wife of RAGHUBAR Prasad. In that incident, Kamla had received injuries and she had lodged a report at the police station. On 1st July, 1973, when Smt. Kamla and her mother-in-law, Smt. Sumitra, were taking water from the tap at about 5.30 p. m., Daulat came on a bicycle and brandished a knife to attack Smt. Kamla. Raghubar Prasad alias Gunga, who was also present there intervened to save his wife. He came in their midst but the appellant saying, "pahile tujhe he yamraj ke ghar pahuchadon" stabbed Gunga alias Raghubar Pd. When Smt. Sumitra tried to intervene, she also received incised wound. In the meantime, the witnesses arrived but Daulat appellant ran away leaving his bicycle and the knife. The report of the occurrence was lodged at police station Kotwali, Jhansi on 1st July, 1973 at about 5.50 p.m. Raghubar Pd. was examined by Dr. P. Nigam, medical officer, district hospital, Jhansi at 6:05 p.m. He found on his person two incised wounds. One incised wound 3.5 x 0.8 cms x 3 cm (probe passed upto 3 cm) in oblique direction facing towards right from mid line was over spigastion. Fresh blood was seen. The other incised wound was 1 x 0.3 cm over dorsum of right index finger over first interphalyngeal joint. He was admitted in hospital for observation. The injuries were caused by a sharp edged weapon. He was later on transferred to Medical College, Jhansi where he was operated upon by Dr. S, P. Atrey. The injuries of Smt. Sumitra were examined on 1st July, 1973 at 6.25 p.m. and she had an incised wound i. e. O.S cm skin deep superficial over left side of face 1 cm away foreshead nose. She had also received an abrasion on the root of left finger. The injuires were simple, caused by a sharp weapon and their duration was within six hours. The case was investigated by Sri D. D. Sharma, S. O., Kotwali, Jhansi. He proceeded to the scene of occurrence and recorded statements of Shyam Charan and others and prepared a site-plan. He recovered blood from the scence of occurrence, a bicycle of the appellant, and also a knife left by him. The recovered articles, that is, blood-stained earth, unstained earth, the bicycle, and the knife were separately sealed. He also recorded the statements of other witnesses. He recorded the statement of Gunga alias Raghubar Pd. on 9th July, 1973 in writing as he (the victim Gunga) could not speak as he was deaf and dumb and the signs made by him were unintelligible. After completing the investigation, be submitted charge-sheet against the appellant.
(3.) APPELLANT Daulat admitted the earlier incident, but stated that he had not caused any injury in the earlier incident to Smt. Kamla. Regarding the latter incident, he stated that at the time of occurrence when he was passing in front of the house of Gunga alias Raghubar Pd. he was caught hold by Gunga, Smt. Kamla and Smt. Sumitra and they took him forcibly inside their house. There Smt. Kamla picked a knife and wanted to stab him but he ducked and the knife hit Gunga. On account of fear, he nan away from the place of occurrence leaving his bicycle behind. The prosecution examined first informant, Shyama Charan, PW 7 the two injured Smt. Sumitra (PW 1), Raghubar Pd. alias Gunga, and Smt. Kamla who is an eye-witness and had received injuries in the earlier incident. Besides these witnesses, Dr. P. Nigam (PW 6) who had examined injuries of Raghubar Pd. alias Gunga and Smt. Sumitra (PW 1), and Dr. S. P. Atrey (PW 8) who had operated upon the injuries of Gunga, were examined. Dr. R. C. Gupta (PW 5) found two contusions on the person of Smt. Kamla on 29th June, 1973, was also examined. Apart from these witnesses, the head-moharrir, the Investigating Officer and a number of formal witnesses were examined. The appellant did not examine any witness in defence.;