BHAGWAN DASS Vs. STATE OF U.P.

JUDGEMENT

(1.) Bhagwan Dass, appellant an accused convicted under Sec. 302 I.P.C. and sentenced to life imprisonment by the Sessions Judge, Bareilly in S.T. No. 314 of 1979 has filed the appeal before this Court.

(2.) According to the prosecution case, the appellant' was married to Smt. Bhim Kali alias Guddi. She was married about seven years back. The father of Bhim Kali was one Jai Ram. He was an IVth class employee at the Veterinary Hospital near Mohalla Sarai Kham of Bereilly City. Bhagwan Dass, appellant, did not treat his wife Bhim Kali well. It is said that appellant had turned out Bhim Kali from his house and she came and started living in the quarter of her father jai Rim in the Veterinary Hospital premises, she also did not want to go to her husband the appellant she was married second time to one Krishna Pal of Village Byukhera of the said District. The appellant felt extremely annoyed and bore enmity with Jai Ram, his father-in-law on that account. It is said that on 4th June,1979, Jai Ram's brother Lochan and Bhim Kali's Mausa and Mouse Naubat and Indoo left the quarter for their home. Jai Ram, Bhim Kali, Jai Ram's wife all came to the gate of the hospital near the road to see off Naubat and Indro, Mausa and Mausi of Bhim Kali. It is said that Naubat while going turned back and talked to Bhim Kali and asked her not to go to Bhukhera. In the mean time, it is said that appellant Bhagwan appeared suddenly with a sword. He caught hold of Bhim Kali and started pulling her. On the shrieks of Bhim Kali, Jai Ram, who was very near the place ran to save her. Appellant Bhagwan Dass left Bhim Kali and struck Jai Ram repeatedly with sword causing serious injures. Jai Ram fell on the road in front of the hospital gate. Appellant Bhagwan Dass after assaulting started running. Bhim Kali and other persons present there, started chasing while making alarm, passers by and inmates of the hospital had arrived at the scene of occurrence. Appellant fled through Sarai Khan Gate waving the sword and he was taught near Kutub Khana crossing by Traffic Constable Kashi Ram with the sword. The Traffic Constable Kashi Ram enquired the name of the lady Bhim Kali who had told the constable that the appellant had caused sword injury to her father near the Veterinary Hospital gate. The Constable Kashi Ram took appellant with sword on a rickshaw to the place of incident. Bhim Kali and others also accompanied the appellant and Kashi Ram Traffic Constable to the place of incident which was close, about 2 furlongs from the place where the appellant was caught by the constable. They reached the hospital gate, saw Jai Ram lay groaning in a pool of blood. Traffic Constable Kashi Ram took injured Jai Ram on the same rickshaw on which he had come with the appellant Bhagwan Dass. Bhagwan Dass was also taken on the same rickshaw by the constable to the police station. After reaching the police station, the constable Kashi Ram handed over the appellant to the custody of the police at the Kotwali police station and Bhim Kali lodged the report at the police station.

(3.) The occurrence had taken place on 4.6.79 at 2.30 p.m. and the first information report was lodged at 4 p.m. soon after the incident at the P.S. Kotwali by Smt. Bhim Kali under Sec. 307 I.P.C.