KANBI GOVINDA HIRA Vs. STATE

JUDGEMENT

(1.) THIS appeal arises out of a fight which took place between the appellants and others on the one hand and Kana Bhima and others on the other over a certain vada in the course of which the appellants received several injuries, Kana lost his life, Kana's son Parbat's head was fracturec1 and Kana's brother Same his daughter Raliat and his other son Jiva received simple hurts.

(2.) THE three appellants are brothers. The vada in question was purchased by appellant 1 from the Girasdar joint owners of the village and the appellant was put in possession of the vada on 1-4-51. In March 1952 he fenced ifc off by a hedge. In the meantime one of the shareholders purported to sell the Vada to Kana. Kana attempted to obtain possession of the Vada and there was an exchange of notices with his vendor but ultimately in July 1952 he was asked by his vendor to take back the consideration paid by him as he could not sell the Vada without the concurrence of his co-sharers. It is not in dispute that Kana never obtained possession under the sale and the possession continued with appellant 1. On 12-9-52 Kana, Same Parbat, Jiva and one Popat went to the Vada in the afternoon and removed the hedge, which was put up by the appellants, and put up a new hedge. The wooden sanotha or the fork, with which this operation was carried out, was left in the Vada. At night Same went to the Vada and slept there. He had admittedly a spear with him. Sama's servant Jhina joined him a little later with an axe but he ran away shortly after the incident started and does not come into the picture at all. Thereafter according to the prosecution at about 9 p. m. the appellants went to the Vada. Appellant 1 carried a Kharapia, appellant 2 an axe and appellant 3 a wooden sanotha. On reaching the Vada appellant 3 began to remove the hedge, which Kana had put up earlier in the day, with his sanotha. This led to an exchange of words between him and Same and as Same was trying to get up from the cot, the appellant dealt two blows to him on the head with his sanotha. Appellants 1 and 2 dealt blows to him on the head with the Kharapia and the flat end of the axe. It is alleged that while they were beating Same they were crying Ekkjks ekjks also raised cries for help. Upon hearing these cries Kana, who lived near-by, rushed to the scene. In the meantime others had also collected there. Kana was set upon and received severe injuries, which resulted in his death. Parbat came next and he also received several Injuries, one of which resulted In his skull being fractured. Raliat and Jiva, who came on the scene in succession also received simple hurts. By this time others had. come on the scene and on their intervention the fight ended. Kana and others were taken home, where Kana died within a short time. On these facts the appellants and 6 others were committed by the First Class Magistrate to the Additional Sessions Judge's Court on a charge Under Sections 302, 326, 324 read with Section 34, IPC The charge was however amended, in the Sessions Court by dropping Section 34 and adding Sections 148 and 149, I. P. C.

(3.) THE appellants admitted having gone to the Vada. Their case was that they were in possession of the Vada and on hearing of this act of dispossession after their return home in the evening appellants 1 and 3 proceeded to the Vada with a view to administer rebuke to Kana. Appellant 2 joined them later. When they reached the Vada Same dealt a blow to appellant 3 with a spear, which struck his head. Kana next arrived and he struck appellant 3 with his axe. Appellant 1 then snatched away the spear and the axe from Same and Kana. Parbat, who came next, joined in the attack on them. They did not admit having attacked Kana and his party. With the defence of the rest of the accused this appeal has no concern.