DIBIA Vs. STATE

JUDGEMENT

(1.) This is an appeal by Dibia who has been convicted under Section 302, I. P. C., and sentenced to transportation for life.

(2.) The appellant was prosecuted for having murdered one Puswa, his cousin, on 11-12-1949 at about noon in the house of one Bhikhari in village Todarpur in the district of Hamirpur. The prosecution case was that in Baisakh (April) of 1949 the appellant beat his wife whereupon she left his house and came to stay in the house of Puswa deceased and his brother Baddu, cousins of the appellant. She stayed there for the night and in the morning Baddu persuaded the woman to go back to her husband and calling the appellant made his wife to go with him. The accused took his wife out of the village and since then her whereabouts were not known. It was not known whether she was alive or dead. The appellant then began to give out in the village that Puswa had dishonoured his wife and that, therefore, he would kill him whenever he would get a chance. On 11-12-1949 at about noon one Sheo Nath was having his hair cut by Babu Lal barber in the house of Bhikhari barber, Puswa deceased also went there for his hair cut and shortly thereafter Dibia appellant also went there. After Sheo Nath had his hair cut, the hair of Puswa deceased were also cut and while his nails were being trimmed, Dibia appellant suddenly took up an axe, which was lying there, and gave one severe blow on the head of Puswa and ran away. He was chased by Sheo Nath but could not be caught. Puswa fell down on the ground after getting the blow. His brother Baddu when informed of the incident came to Bhikhari's house and then took Puswa to the police station Korara, which is at a distance of seven miles from the village, by putting him in his cart. On the way to the police station Puswa died.

(3.) The first information report was lodged the same day at 5 p. m. The police came to the village in the night and investigation was made. Some of the clothes which the deceased was wearing and were blood-stained were taken possession of. The axe which was also blood-stained was also taken into custody and two pairs of shoes, one belonging to the deceased and the other alleged to belong to the appellant, were also taken possession of. A recovery list was made and the articles were sealed in a bundle with the exception of the shoes belonging to the appellant.