DHARMAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal by special leave, preferred by Dharman, son of Dhani Ram (accused No. 2), against the dismissal of his appeal by the High Court of Punjab, at Simla, thereby confirming the conviction and sentence of transportation for life passed on him by the Sessions Judge of Rohtak.

(2.) The facts which gave rise to the prosecution may be briefly stated as follows:-

(3.) While the matters were in this state, on the 30th of July, 1953, the accused's party demolished the line crushing machine, when two women, Marwan and Nathian, relations of the deceased, intervened; whereupon the accused assaulted them and in the course of this assault the women received injuries with sharp edged weapons. At that time, Surja, a young lad of 11, ran to the place where the deceased Mansa Ram was working and informed him of what had occurred. On hearing this, Mansa Ram arrived on the scene with Rup Chand (P.W. 3 ) and Chaman Lal (P.W. 4). Immediately a fight ensued and in the course of this fight Mansa Ram received fatal injuries and Rup Chand (P.W. 3) was also injured. As a result of investigation the accused were sent up for trial before the Sessions Judge of Rohtak. The injured man Mansa Ram gave a statement before the police which after his death was admissible as a dying declaration. In that Mansa Ram stated that Dharman had stabbed him with a spear in his chest.