BABLOO SWEEPER Vs. STATE

JUDGEMENT

(1.) This criminal appeal arises from a judgment and order of the Additional Sessions Judge, Sonbhadra dated 19.5.2003 convicting and sentencing the Appellant Babloo sweeper to undergo imprisonment for life under Section 302 I.P.C.

(2.) We have heard Sri Ajay Kumar Pandey, Amicus Curiae for the Appellant and the learned A.G.A..

(3.) The prosecution case was that the Appellant Babloo sweeper was married to Phulwa Devi, the daughter of deceased Ram Bilas. He was crippled in his legs and a widower. In the intervening night of 12/ 13.9.2001, the Appellant had taken his meal with Ram Bilas and they were talking. At that time, they started to quarrel because they were making accusations against each other of engaging in black magic (jadu tona) against each other. Then the Appellant Babloo sweeper took out a knife and stabbed Ram Bilas. On his cries, the witnesses Ram Chandra, Ashok, Sumer, Naresh and other persons of the Mohalla came there flashing their 'torches' and witnessed the incident. On their arrival, the Appellant left in the direction of Arya Samaj. The persons present could not apprehend him. Ram Bilas died at the spot.