STATE Vs. RAM KHELAWAN

JUDGEMENT

(1.) This is an appeal by Ram Khelawan against his conviction under Section 304, Part II, Penal Code and a sentence of three years' rigorous imprisonment.

(2.) Originally four persons were tried by the learned Sessions Judge. Sheo Ram, Pyarey and Dodwa were acquitted and Ram Khelawan appellant alone was convicted.

(3.) The prosecution case was that on 2-8-1949 one Baghunath, Smt. Kanchanya and Nankoo were grazing their cattle on an 'usar' and 'parti' land in village Lachhmanpur, The 'usar' and 'parti' land belonged to the zamindar, Raja Saheb of Asothar, and the cattle of the entire village used to graze on it as a matter of right. When the cattle were grazing Sheo Ram, his sons Pyarey and Ram Khelawan and one Dodwa alias Ram Ratan, a , nephew of Sheo Ram, came there and objected to the cattle grazing on a piece of land on which they had their own preserved grass. They then rounded up the cattle of Raghunath and Kanchanya and drove them away towards the cattle pound. Raghunath protested because he said that the cattle were grazing on common 'usar' and 'parti' land and that the accused had no right to object. Upon it Ram Khelawan attacked him with a lathi. Raghunath raised an alarm on which one Pitna deceased came and objected to Ram Khelawan's beating Raghunath. Upon this all the four accused fell upon Pitna and gave him several lathi blows with the result that he dropped down on the ground and died shortly after. A report of this incident was lodged by Raghunath at the police station Tharyaon the same day.