The appellant raised an alarm chor chor.
The appellant chased them to catch them.
Thereafter the appellant and Ramesh fled away.
During the post mortem examination of the deceased which was also held on 26.2.1974, the following injury was found on his person Stab wound 1 x 1/2 x 1.3/4.
The companyaccused Ramesh gave a knife blow to Chandrapal PW 2 .
From the Judgment and Order dated 22.7.81 of the Allahabad High Court in Government Appeal No.
The motive of the occurrence, according to the prosecution, is that about 10 or 12 days before the date of the aforesaid occurrence, there was some altercation between Chandrapal PW 2 and the deceased on the one side and this appellant on the other, in which the appellant is said to have abused them.
But soon they turned back and started assaulting the appellant with lathies.
Because of that he was keeping a watch on the said field.
But soon they turned back and started assaulting the appellant with lathies.
for last two days prior to the date of occurrence the crop of his grand father Sohan Lal was being damaged.
Chandrapal P.W 2 and the deceased had given two three slaps to the appellant.
The injuries on the person of the appellant were examined by Dr. R.P. Rastogi at the District Hospital, Bullandshahar, on 26.2.1974.
He also filed an application before the Superintendent of Police, giving his version of the occurrence in which he admitted that when he was being assaulted by Chandrapal PW 2 and the deceased, he bad used a ballam.
During the night the deceased and Chandrapal PW 2 came to the same field and the appellant chased them.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Faint companytusion 10 cm x 2 cm on outer side left back at the lower angle of scapula.
To save his life the appellant attacked with a ballam spear .
Faint companytusion 12 cm x 1 cm on the back and inner aspect left forearm upper 1/3rd.
It is said that at that time this appellant along with companyaccussed Ramesh came from the side of the village seeing Chandrapal PW 2 and the deceased, the appellant and Ramesh rushed towards them with knives.
On probing, on left side front of chest, 2.1/2 inner to left nipple at 10 O clock position pointing the onwards and downwards.
1861 of 1975.
A case was registered by the Police at about 10.25 A.M. on 26.2.1974, on the basis of the petition filed on behalf of the appellant.
During night Chandrapal PW 2 and the deceased came to the field.
Faint companytusion 4 1/2 cm x 1 cm on back of upper part 1/3rd left forearm.
C. Verma for the Respondent.
He found the following injuries on his person Faint companytusion 2 cm x 1/2 cm back of left shoulder upper part.
It is the case of the prosecution that on 25.2.1974 at about 6.00 P.M. Chandrapal PW 2 along with Jagdish hereinafter referred to as the deceased were returning after answering the call of nature.
827 of 1981.
K. Dey, Rakesh Goswami and Ms.Rani Jethmalani N.P. for the Appellant.
The victim while being taken to Debai, died on the way, Chandrapal PW 2 lodged the first information report at the Police Station Debai at about 11.30 P.M. the same night.
It is an admitted position that the appellant filed a petition before the Superintendent of Police giving his version of the occurrence in the morning of basis of that a case was registered at about 10.25 A.M. on 26.2.1974, the occurrence having taken place during the night of 25.2.1974.
On appeal being filed on behalf of the State of Uttar Pradesh he has been companyvicted under section 302 of the Penal Code by the High Court and sentenced to undergo rigorous imprisonment for life.
The injuries on the person of the appellant were examined the next morning.
At this stage the appellant wielded his ballam spear which caused an injury to the deceased which ultimately proved fatal.
The Judgment of the Court was delivered by P. SINGH, J. The appellant was acquitted of the charges under sections 302 and 307 read with section 34 of the Penal Code by the Trial Court.
After some chase the appellant gave a knife blow on the chest of the victim.
Thereafter Chandrapal PW 2 and the deceased started running.
