Mohan vs King-Emperor - 1927 Supreme(Oudh) 187

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1927 Supreme(Oudh) 187

PULLAN
Mohan – Appellant
Versus
King-Emperor – Respondent

JUDGMENT

Pullan, J - This is an appeal in a case in which the learned Sessions Judge of Sitapur has convicted three persons of an offence under Section 304, I.P.C. If I were only to read the last page of the judgment of the learned Sessions Judge I would find it difficult to understand how this was a case under Section 304. The learned Judge appears to have thought that Ishuri came towards the village where the accused lived and they, fearing that he had come to help a relation named Sheodin, who had been injured two days previously in a fight with Mohan, one of the accused, "wanted to put an end to his life or at least to disable him for any assault," and apparently in pursuance of this object they assaulted Ishuri who was alone and had no chance against the three assailants, and as the Judge says:

They caused fatal injuries to a man without any provocation and cannot, therefore, claim to have any mitigating circumstance in their favour.

2. On this view the Judge should have held that the case was one of murder. But apparently the Judge has not quite correctly stated what he really believes to have happened. "What he thinks is that there was a sudden fight, and because he does not

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