BHIKARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant has applied from the judgment of the High Court at Allahabad affirming his conviction for offences under S. 302, 307 and 324. Indian Penal Code and confirming the sentence of death passed upon him in respect of the offence under S. 302 and also affirming the sentences passed in respect of the other two offences.

(2.) The facts as found by the High Court are these: The appellant had quarrelled with Mangali, P. W. 1, as Mangali reprimanded him over the grazing of his cattle in Mangali's field and damaging his crops. The appellant threatened Mangali that he would exterminate the latter's family. On February 25, 1957 at about 3-00 P. M. Babu Ram son of Mangali, aged about 7 or 8 years, Ram Ratia, aged about 2 years, daughter of Mangali's brother and Punna, son of Baijnath, brother of Mangali and Dulli, daughter of one Ladda Kewat, aged about 10 or 11 years and some other children were playing in the village near the hut of Hiralal, P. W. 3. The appellant came there armed with a sickle and rushed at the children. He first struck a blow on Babu Ram, who fled away and started crying. Mangali's one year old daughter Lachhminia was also there at that time and the appellant ripped open that child's chest with the sickle as a result of which she died almost immediately. The appellant then struck blows on Ram Ratia and also on Punna. Hiralal, the brother of the appellant who was sleeping in his hut was awakened by the cries of the children and rushed out to save them.

(3.) Thereupon the appellant struck a blow on Hiralal as well. Hearing the cries of children a number of villagers rushed to the spot but the appellant escaped from their clutches by running towards the river Ganges which is at a distance of about 75 paces from the place of the incident, jumped into the water and swam to the other shore and absconded. On October 11, 1957 proceedings under Ss. 87 and 88 of the Code of Criminal Procedure were started against him and he was eventually proceeded against as an absconder. It was only on February 1, 1963 that he was arrested and thereafter sent up for trial. At that trial he was convicted and sentenced, as already stated.