MAGGA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal under Art. 134 (1) (c) of the Constitution of India, by Magga and Bhagga, who have been convicted under S. 302, Penal Code for the triple murders of Ganesh. Gheesa and Hardas.

(2.) The case relates to an incident which took place on the night between 3rd and 4th April 1951. Gheesa and Ganesh deceased, Ratna, Govind, another Ganesh, who is a witness in the case, and Hardas had gone to "Imaratia" a well in village Gadwara on that night to keep watch over the crops there. Gheesa slept in one shed near the well, while Hardas slept in another shed some distance away, and Ratna slept in a third shed near the entrance gate. Ganesh, deceased, Ganesh (P.W.), and Govind slept on the threshing floor further away from the well. Some time after midnight Ratna woke up on hearing the cries of Gheesa. It is alleged that he then saw the two accused beating Gheesa, accused Magga having in his hand a farsi and accused Bhagga having a katari and an axe. Hardas, who woke up on hearing the cries, rushed to the aid of Gheesa and thereupon the two accused, Magga and Bhagga, fell upon him and attracted him with farsi and axe. Ratna ran away and hide himself near the well. On an alarm being raised, one Krishna who was working on a nearby well came and witnessed the attack on Hardas. The accused after finishing Gheesa and Hardas went to the threshing floor where Ganesh, deceased, was sleeping. There Magga asked Bhagga to hit Ganesh with the axe and Bhagga immediately hit Ganesh with the axe and he fell down. Thereafter Magga hit Ganesh two or three times with the farsi on the legs and Bhagga cut the neck of Ganesh with the katari. Govind (P.W.) entreated on behalf of Ganesh but he was threatened and was told that if he did not keep quiet he would also be killed. Without injuring Govind and Ganesh, P. Ws., the accused then left the place.

(3.) Information of the incident was carried to the village by Ratna and a report of it was made to the police at 11-30 A.M. on 4th April 1951. In the report it was stated that "Bhagga and Magga are standing at their house with swords and are saying that they would kill more persons. Village people are surrounding them outside the house." The sub-inspector of police, when he arrived at the village, found the house of the accused surrounded by the village people. The door of the house was closed from inside and the accused were standing on the chabutra inside. Magga had a farsi in his hand and Bhagga had an unsheathed sword. The sub-inspector got the door opened, arrested the accused, and took possession of the farsi and the sword. He also recovered the axe and a katari which were bloodstained. The clothes of the accused were also taken possession of after the arrest and they appeared to have bloodstains on them.