BHAGWANT SARUP ALIAS BHAGWANT Vs. STATE

JUDGEMENT

(1.) On 11/05/1979 at about 2.30 p.m. an occurrence took place near the Khirka (tabela) of Moonga in the area of Motia Khan in which, it is alleged, Kalu alias Kalua caught the deceased Yasin from behind and Bhagwat exhorted that Yasin be finished and upon which Jaswant took out a Chhuri from the dub and gave a blow on the right thigh of Yasin which proved fatal.

(2.) All the said three accused were tried on the charge under Section 302 read with Section 34 of the Indian Penal Code. The learned Additional Sessions Judge who tried the case found all the accused guilty of the offence charged with and sentenced each one of them to imprisonment for life. Against their conviction and sentence the accused have preferred separate appeals to this Court. This judgment shall dispose of all the appeals.

(3.) Briefly, the case for the prosecution is that the deceased Yasin had kept 22 goats at the Khirka of Moonga (P.W. 1). On 11/05/1979at about 2.30 p.m. Yasin had gone to the Khirka for taking the goats.Yasin was feeding the goats in the tabela under the tin shed when Kalu,Jaswant and Bhagwat came there. Kalu lifted one goat. Yasin objected to the lifting of the goat by Kalu and said "KIA Ye Tumre Bap Ka Malha, Jo Ese Utha Ke Le Ja Rahe HO".