- (1.) These two appeals - one through Jail and the other through an Advocate - have been filed by Radhey Shyam accused against the same order of the Additional Sessions Judge, Jaipur District dated the 1st February, 1960. By this order, he has convicted Radhey Shyam of an offence under Section 307 I.P.C. and has awarded a sentence of ton years' rigorous imprisonment and a sentence of fine of Rs. 500/- and in default to two years' rigorous imprisonment.
(2.) The facts on which the charge was founded are briefly these:
(3.) Kishanlal the complainant who is the injured is a resident of Gudha Katra in Tehsil Bandikui The accused Radheyshyam is a resident of Bandikui, There were some monetary transactions between Kishanlal the complainant and the father of the accused Radheyshyam, Kishanlal had obtained a money decree against Radheyshyam. His application for execution of the decree was pending in a Court at Bandikui. On 25-2-59 the complainant Kishanlal left his village for Bandikui to attend the Court. The prosecution case further is that when Kishanlal was going to the Court he met the accused Radheyshyami at his shop at Bandikui which happened to be on the way. Kishanlal finding the accused there demanded the payment of the decretal amount. Radheyshyam asked him to accompany him to his Louse where he would arrange payment. Kishanlal thereupon left his cycle at the shop of the accused Radheyshyam and went with him to his house. In the house of the accused there is a room called the 'Baithafcroom'. It has two doors one opening in the verandah and the other in the 'chowk'. The door opening in the verandah was open and the accused and the injured went to the 'Baithak-roorn' through this door. The door opening in the 'chowk' was closed. The accused made the complainant sit in the room. When the complainant demanded the payment of the money he told him that there were certain inaccuracies in the accounts and placed his bahies in support of his statement. The complainant found nothing in the bahies to support the contention of the accused, The accused thereafter made a request to the complainant to accept a reduced amount in final satisfaction of the decretal amount. The complainant, however, refused to accept this request. The accused thereupon asked the complainant to scribe receipt and said that he would arrange payment. When the complainant was scribing the receipt Radheyshyam went outside and returned after some time. In the meanwhile the complainant had completed the receipt and had placed it in his pocket. After the return the accused closed the door opening on the verandah and chained. The complainant unchained it but the accused rechained the door suggesting that there were other creditors of his and it would be proper to settle the matter secretly. Ultimately finding that the accused was not arranging any payment the complainant got up and began-to move. Hardly had he gone a step or two when somebody struck him in the back. He turned round and saw that the accused was holding a sword and was aiming at him. He raised his hands to protect himself and received the sword blow on his hand with the result that the palms and the fingers were injured. The complainant then seized the accused and grappled with him. They then fell on the cot that was lying in the room of the accused. The accused also bit his check. On an alarm persons from the neighbourhood reached and they brought the accused outside the 'Baithale-room' and subsequently the complainant was also taken out of the 'Baithak room'. One Ayodhya Prasad PW/10 wanted to take the complainant to the Hospital. The complainant insisted that he would first go to the Police Station, A 'Rikshaw' was arranged for the complainant and he went to the Police Station Bandikui and lodged report at about 11-30 A. M. Gopichand Head Constable was in charge of the Police Station, the Sub Inspector Police being out in connection with some investigation. He recorded the report and noted the injuries on the person of the complainant. He got the complainant examined by a doctor in the hospital and then got him admitted there. He then left for the house of the accused for inspection of the site. He saw the accused Radheyshyam and a few ladies there, inspected the site and prepared the inspection memo in the presence of the motbirs. The accused produced before him a sword alleged to contain some blood stains, A recovery memo of the sword was prepared and wag signed by the accused In the meanwhile the Sub-Inspector, Police Gopal Lal having reached the Police Station and learnt of this case left for the spot and reached there at about 3-30 P. M. He took over the investigation from Gopichand. He recovered a blood stained 'chaddar' from the cot, a note book and a copy of the decree of the complainant lying there on the cot. Shirt and dhotti of the accused were blood stained and they were also recovered by the Sub-Inspector, Police. After completing the investigation the Police submitted a charge-sheet against the accused under Section 307 I.P.C. in the Court of First Class Magistrate, Bandikui, who after inquiry, committed the accused for trial to the Court of Session, Jaipur District. The case was tried by the Additional Sessions Judge.;