Judgement

OZA, J. :- This appeal arises out of conviction of the appellant under S. 302, I.P.C. and sentence of imprisonment for life awarded by the High Court of Allahabad in an appeal against acquittal preferred by the State against the acquittal of the appellant from the charge under S. 302 by Sessions Judge, Kumaon.

2. The facts necessary for this appeal are that on 7th November 1970 at 4.15 p.m. Narendra Singh, respondent, inflicted injuries with his Kripan on Govind Singh on the Ranikhet Road in front of the shop of Govind Singh Mystri in Ramnagar town. Shri Phool Chand Sinha, Vice President of the Ram Nagar Municipal Board was at that time checking the thelas, seeing the incident ran towards appellant Narendra Singh and succeeded in recovering the weapon of assault i.e. Kripan from him. He also caught hold of the head of Narendra Singh but could not succeed in apprehending him as his turban remained in the hand of Shri Sinha and Narendra Singh escaped.

3. Pratap Singh, P.W. 6, Ishwar Datt, P.W. 7 and some other persons also witnessed the assault. Govind Singh after receiving injuries ran from the scene but fell down at a short distance in front of the tea shop of Permanand Pand