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1976 Supreme(All) 755

CHANDER PRAKASH
Sheo Chand – Appellant
Versus
State – Respondent


JUDGMENT

Chandra Prakash, J.

This is an appeal against the order dated 18.4. 1973 of Sri M. Wahajuddin, Sessions Judge, Etawah convicting appellant Sheo Chand under Section 307 I. P. C. and sentencing him to four years' R. I.

Therewas a school in village Balpur, police station Airwakatra in the district of Etawah. In that school Rama Kant (P. W. 2) grandson of Babu Ram (P. W. 1) used to read. One Ram Bharosey uncle of Sheo Chand appellant and brother of Ram Prasad was the President of the above said school. There was a handpump in that school, but it refused to work after some time for providing water to the school children. Ram Prasad, father of the appellant, removed the handpump from the school premises and fixed it in his own well. On 17101969 Rama Kant went to the aforesaid handpump, but Ram Prasad did not allow him to drink water on the ground that Rama Kant was spoiling the water of the well itself. Rama Kant went in disgust and informed his grandfather, Babu Ram (P.W. 1). At about 3.30 P.M. Babu Ram went to Ram Prasad aforesaid in order to protest against his action in disallowing his grandson to drink water from the aforesaid handpump. Exchange of abuses followed and there wa

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