Usha Kant Varma - (1.) This is an appeal against the judgment of Sri V.M. Kher, IV Additional Sessions Judge, Agra dated 14-5-79 convicting the appellant Ram Lakhan under Section 307 of the Indian Penal Code and sentencing him to undergo seven years Rigorous Imprisonment.
(2.) The prosecution case as contained in the first Information Report Ex. Ka.l lodged by Diwan Singh P.W. 2 cousin of the injured Kunwar Pal P.W. 4 at 9.05 p.m. is that on 12-1-1978 Kunwar Pal went to cut grass in the field with the appellant Ram Lakhan who was ill-disposed towards them from a long time. Ram Lakhan at about 5 p.m. with a view to murder Kunwar Pal inflicted several injures all over his body. When Kunwar Pal raised alarm, he reached the scene of occurrence with Gokul P.W. 5, Nathu Ram P.W. 3 and many other persons of the village. Ram Lakhan on seeing them, fled away.
(3.) This case was registered against the appellant under Section 307/324 of the Indian Penal Code by die C.D. entry Ex. Ka.3. Kunwar Pal was sent for medical-examinations. The report of Dr. R.C.S. Chauhan P.W. 6 shows that Kunwar Pal who was examined at 10.30 p.m. on 12-1-1978 had the following eighteen injures 1. Incised wound on front of neck in middle part. 2. Incised wound on fore arm on posterior medial aspect in upper 1/3 part. 3. Incised wound on fore are in lower l/3rd part on antere medial aspect. 4. Incised wound on hand index finger at base on dorsal aspect. 5. Abrasion on fore arm on anterie medial aspect in middle 1/3 part. 6. Incised wound on Fore arm on anterio medial aspect in Iwer 1/3 part. 7. Abrasion on left fore arm posterie aspect in lower 1/3 part. 8. Incised woundskin deep wall of abdomen upper part. 9. Incised wound skin deep on Rt. lat. wall of abdomen 3 cm. below the injury me 0.8. 10. Incised wound skin deep on Rt. anterio Lat. wall of abdomen below and medial to injury 11. Incised wound skin deep on Rt. side of abdomen on lower part. 12. Incised wound deep on Rt. thigh posterior aspect on upper 1/3 part. 13. Incised wound skin deep on Rt. thigh lower 1/3 part. 14. Incised wound on leg on posterior lat. aspect in upper 1/3 part. 15. Incised wound skin deep on front of Rt. leg lower 1/3 part. 16. Incised wound on leg posterior aspect lat. lower 1/3 part. 17. Incised wound only leg on anterio lat aspect in lower 1/3 part. 18. Incised wound on front of It. knee. ;