CHATRU Vs. STATE

JUDGEMENT

(1.) Chatru, Bhandaru, Biru, Dittu and Mehta were tried by the learned Sessions Judge of Bilaspur under Section 302, Penal Code, for the murder of one Bhangi, and the said five person and Bhangi's son Maru under Section 201, Penal Code, for causing disappearance of evidence of the said offence by burying the dead body. He acquitted them of the offence under Section 302 but convicted them of that under Section 201, Penal Code, sentencing each to 7 years' R.I. and Maru to a fine of us. 1000 or six months' R.I. in default and the remaining five to a fine of its. 500 each or three, months' E.I. in default of payment of fine. An the six have appealed to this Court.

(2.) The deceased Bhangi, aged about 55, had illicit connection with Mt. Prabhi (P. W. 1), aged 25, wife of Pillu (P. W. 4). Mehta accused is a first cousin of Pillu. The prosecution case is that in the absence of Pillu, who had gone to Bhakra, Bhangi went to his house on 19.7.1951 to have sexual intercourse with Mt. Prabhi, but the latter refused to comply with his wishes. He went back saying that he would come to her again the following evening. Mehta asked Mt. Prabhi as to the cause of Bhangi's visit, and she told him what had transpired. The following night, i.e., on the night between 20th and 2.7.1951, Bhangi again visited Mt. Prabhi, and as he was making overtures to her, Mehta and the other appellants except Mara rushed in, pinned him down, struck him on the neck with a stone, gagged and strangled him and crushed his testicles. As a result of these injuries, Bhangi died then and there. Thereafter the culprits wrapped the dead body with two nots and a tarpaulin, bound it with a rope and hanging it on a bamboo pole carried it to the house of Maru. From there Maru as well as the remaining five took the dead body to a forest and buried it along with its wrappings. The motive for the crime is said to be ill-will between the appellants and the deceased. It is alleged that the five appellants other than Maru were his tenants, and that ho had ejected them from their holdings. As regards Maru, it is alleged that the deceased used to treat him harshly, and that Maru resented his father's illicit connection with Mt Prabhi.

(3.) Achhru (P. W. 9) filed an application before the Superintendent of Police on 1.8.1951 that Bhangi was not traceable. More than a fortnight later, H.C. Rup Lal (P. W. 12) with constable Behari Lal (P. W. 11) went to the deceased's village in order to make a search for him. The following morning the head-constable suddenly examined Mt. Prabhi (P. W. 1) and Mehta appellant and this led to the discovery of the dead body the same day at the instance of Mehta. Mehta was arrested on that very day and the remaining five appellants on 23.8.1951. The confessions of four of the appellants were recorded on 26.8.1951 and of the other two on 27.8.1951 by Sri Sant Earn Magistrate, first class (P. W. 14).