GHARIBY Vs. STATE

JUDGEMENT

(1.) GHARIBY, Bhaggan, Autar and Mahadin were convicted by the learned Sessions Judge of barabanki for an offence under Section 304, latter part, and Section 323 read with Section 34, penal Code. They were sentenced each to five years' rigorous imprisonment under Section 304, penal Code, and to six months' rigorous imprisonment under Section 323. The sentences were to run concurrently. Of them three, Ghariby, Bhaggan and Autar, come up in appeal. No appeal has been preferred by Mahadin.

(2.) THE case for the prosecution as established at the trial briefly stated is as follows : on 11-7--1950, some time after mid-day, Pancham was tethering his bullocks in his field in village Pandrawan, police station Tikaitnagar, district Barabanki. One of the bullocks began to fight the bullock of Ram Bakhsh Kori and injured it, whereupon Bhaggan, who was standing there, abused Pancham. This led to further hot words and exchange of abuse whereupon Ghariby, bhaggan, Autar and Mahadin assaulted Pancham with lathis. His niece (brother's daughter)Santa, his brother Budh and his own wife Ram Raji attempted to intervene and they were also injured. Pancham became unconscious. He was carried to police station Tikaitnagar. He regained consciousness and a first information report of the occurrence was recorded at 5-15 p. m. the same day, at the police station which was only one and a half miles from the place of occurrence. Pancham died the next day, that is 12-7-1950.

(3.) BHAGGAN also made a first information report at police station Tikaitnagar at 8 p. m. on 11-7-1950, giving his own version of the affair. According to him Pancham's bullock, had fought and injured his bullock. This led to exchange of hot words between him and Pancham. whereupon Pancham, Budhu, Ram Ghulam and Lautan belaboured him. Ram Bakhsh and mahadin who attempted to intervene were also belaboured.