BALADIN Vs. STATE

JUDGEMENT

(1.) Baladin has been convicted by the learned Sessions Judge, Orai of the double murder of his father and wife and sentenced to death.

(2.) The prosecution story very briefly is this. On the morning of 29-2-60, the date of the murder, the accused's father Ram Bharosey was constructing the boundary wall of his vegetable field. With him were Sukhdevi, the wife of the accused, Durga Devi, his sister and two hired labourers. The accused Bala Din also turned up to help his father in this job but he was somewhat late and was, therefore, reprimanded by the father. The accused gave an impertinent reply and said that he would do as he liked. The case of the prosecution appears to be that Baladin was a waster and disinclined to work, and his father had to bear the burden of supporting his wife and four children. This was a source of friction between the two.

(3.) In the evening, about sunset, the father and the son were together preparing mud for the construction of the wall. The wife and the sister of the accused were clearing their onion field of weeds at a short distance away. Suddenly the sister and the wife heard Ram Bharosey crying out that he was being killed. They both ran towards him. The accused's wife Sukhdevi asked him why he had committed this crime. Thereupon Bala Din retorted that he was going to kill her too and struck her with an axe. Thereupon the sister Durgadevi shouted that a murder was being committed. This attracted a number of persons who rushed to the scene. Meanwhile Baladin attempted to escape but he was pursued and arrested by the villagers. The Chowkidar, Bhagirath, took the accused and the two injured persons to the police station which is five miles away from the village. Both Ram Bharosey and Sukhdevi died on the way. The accused was charged with the murder of both.