KANT TRIPATHI,J. - (1.) IN this appeal, the appellant Chheda Singh has assailed the judgment and order dated 15.9.1981 rendered by IIIrd Additional Sessions Judge, Kanpur, in S.T. No. 516 of 1980, State of U.P. vs. Chheda Singh and another.
(2.) THE learned Additional Sessions Judge has held the appellant Chheda Singh guilty of committing the offence punishable under section 304 Part II of the Indian Penal Code and accordingly convicted and sentenced him to under go rigorous imprisonment of five year. The prosecution story in nutshell is that a quarrel between the deceased's son Prakash and co-accused's daughter Km. Shashi had taken place a few days before the incident in question. Co-accused's husband Harnam Singh gave a beating to Prakash because he had bitten the cheek of Km. Shashi. When Prakash told his father Hori Lal (the deceased) about the incident, an altercation between the deceased Hori Lal and co-accused's husband Harnam Singh took place. On 4.8.1977 at about 5.00 PM, the appellant Chheda Singh, the brother of the husband of the co-accused, visited the apartment of co-accused Ram Kumari Devi situating on third floor and after a few minutes of his arrival, there was a furore and the deceased Hori Lal cried for help voicing that he was being killed. On his cries witnesses Ram Lal, Gama, Dhani Ram, Budh Ram and Sheo Poojan Yadav came out of their houses with a view to help Hori Lal. In the course of quarrel, co-accused Ram Kumari Devi instigated the appellant Chheda Singh to throw the deceased Hori Lal from the window and told that it was he who was responsible to outrage the modesty of her daughter (Km. Shashi). The appellant Chheda Singh thereupon threw the deceased Hori Lal from the third floor to the ground, consequently the deceased sustained serious head injury and became unconscious. The deceased's son Prakash, who was also present there, took the deceased to police station Gwaltoli and lodged the FIR, on which basis the police registered the case against the appellant and co-accused under section 307 IPC and proceeded to make investigation. The police referred the deceased Hori Lal to UHM Hospital, where he was medically examined on the same day at about 7.00 PM.
(3.) AFTER the medical examination, the deceased Hori Lal was admitted in the hospital for treatment at about 7.15 PM but died the same day at about 9.45 PM due to the head injury sustained by him. The police, on receiving information regarding death of the deceased, converted the case from section 307 IPC to section 302 IPC.;