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TMI Blog1971 (2) TMI 126X X X X Extracts X X X X X X X X Extracts X X X X ..... e sentence of life imprisonment for the offence of murder as well as conviction and sentence Under Section 324, 323 read with 34 was maintained, Sohanlal has filed this Appeal by Special Leave. It is contended on behalf of the appellant that as there is no evidence that he gave any fatal injury to the deceased the conviction sentences Under Section 302 also cannot be sustained. It is also urged that the Appellant was entitled in the circumstances jn which the occurrence took place to exercise his right of private defence if the offence which occasions the exercise of the right be of the description which falls under Fifthly of Section 100 or Under Section 101 Indian Penal Code. If so the conviction and sentence Under Section 324 and 323 are also not sustainable. In order to appreciate these several contentions it is necessary to set out briefly the prosecution case. 2. Makhanlal P.W. 1, Jiwan and Janki accused 2 and 3 in the Trial Court were all residents of the Village Kapnairi It is admitted that Makhan was married to Chameli D.W. 3 about 4 or 5 years prior to the incident and she began to live with him from about 2-3 years during which period it is alleged she develop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the place of incident but Jhanjan succumbed to his injuries while he was be ing so taken. Makhan then lodged a F.I.R. of the occurrence at about 9.15 p.m. on the same day at Milak Police Station. The Police registered a case Under Section 302, 323 and 324 Indian Penal Code and started the investigation. About 10 minutes thereafter accused Sohanlal also reached the same Police Station and lodged a F.I.R. of the occurrence giving his own version. An inquest was held on the dead body of Jhanjan after which it was sent to the Rampur mortuary for post-mortem examination. Next day Dr S.P. Gupta conducted the post-mortem of the dead body at about 4.15 p m. He found two punctured wounds, one abrasion and 3 contused wounds. The contused wound was 1 x 1/2 x 1/4 at the lower lip on the right side. Another was 4 x 1 with all round swelling at the right side of head just above the right ear and the third one was 3 1/2 x 1 at the left chest 1 below the left nipple. One punctured wound was on the right cheek 1/2 away from the angle of mouth and another 1/4 x 1/2 x 1/2 at the back of left forearm 2 below the elbow joint. On dissection he found both temporal and partia bones both rig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fighting stopped he and his brother together with Chameli went away to village Kapainiri and thereafter he lodged an F.I.R. with the Milak Police Station. In the F.I.R. given by Sohanlal he had stated that when Chunni gave him a gupti blow his brother Babu fled away on account of fear. He raised a hue and cry, hearing which one Dori and Mathuri happened to come there and save them all. He alleged Chunni, Makhan, Pyare, Punni and Jhanjan had committed rioting. 6. It is clear from what we have said that there are certain admitted features in the prosecution and defence versions which tally with one another, namely that Chameli is sister of accused and was married to Makhan about 3 years before; that for the last one year she was residing in her parents house at Village Hardua and was not visiting her husband; that Makhan had made several efforts to take her back to his house but was not permitted to do so that on the day of the incident Makhan and Chunni P.W. 2 and Jhanjan went to bring her back and were bringing her back when on the way they met SohanLal and on being challenged as to way Makhan was taking Chameli, a quarrel ensued between them in which Jhanjan received seve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by Appellant with a lathi was inflicted on Makhan and not on the deceased. 8. Taking the last point first we propose to examine the evidence of all the four eye witnesses Makhan, P.W. 1, Chuni Lal P.W. 2, Tota Ram, P.W. 3 and Ram Lal P.W. 4. Accordance to all these four witnesses Sohan Lal was armed with a lathi, Jiwan with Suja and Janki with Ballam. Makhan's version of the incident is that on hearing Sohan's abuses he asked him why he was abusing, upon which all the 3 accused fell on them. Jiwan assaulted Jhanjan with a Suja, with the result that Jhanjan fell down and became un-concious. Janki inflicted a ballam injury on his brother. When some of the witnesses who had come there asked them, if they were going to kill them, accused Sohan Lal threw away the lathi and clung to him. P.W. 2 says that Sohan Lal gave a lathi blow to his brother Makhan. Similarly P.W. 3 also says that Sohanlal assaulted Makhan with a lathi, Janki assaulted Chuni with a Ballam, thereafter Sohanlal threw away his lathi and caught Kauli of Makhan. In cross-examination he says that Sohan Lal had first caused lathi blows to Makhan and thereafter he threw away the lathi and clung to him. P.W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue his sister who was being abducted by Makhan and his companions. 10. Prima-facie there would be no question of abduction when a husband takes his wife with him but relying on the evidence of Chameli that she would not have gone with him but for the deceit played upon her by representing that she was called by the Appellant for a Panchayat, it is contended that Makhan was abducting her by practicing deceit. A person would be guilty of an offence of abduction Under Section 362 if by force he complete or even by deceitful means induces any person to go from any place. This submission in our view has little validity because the evidence of Chameli D.W. 1 does not inspire confidence. She says when Makhan asked her to accompany them she replied that she would not go. Makhan then said to her that her brother had called her and so she should accompany him, even then she did not want to go but was forcibly taken. However when she was asked how she was taken forcibly she stated they brought her on some pretext. She admits that at that time her younger brother and one Ram Kali Nain were present in their house. She denies that she has given birth to a child and categorically stated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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