BASHIR Vs. STATE

JUDGEMENT

(1.) This is an appeal by Bashir who has been convicted under Section 302, 323 and 447 read with Section 34, Penal Code under Section 302, Penal Code he has been sentenced to transportation for life.

(2.) The case against the appellant was very simple, Sardar Khan, Uzair Khan and Wazir Khan were brothers. P. W. Angan is Sardar Khan's son, Majid Khan deceased was the son of Uzair Khan and Bashir appellant is the son of Wazir Khan. Along with the appellant his three sons Ibrahim, Nisar and Hamid were also said to have taken part in the crime but they absconded immediately after the commission of the crime and were not arrested and put on trial. Angan and Majid had a joint field in the neighbourhood of the fields of Bashir. On 31-3-1950 Angan and Majid reaped the crops of the field and stored them in the field. Bashir and his sons were at that time reaping crops of their field. When next morning Angan and Majid went to their field they found that some of their crops were missing. So they questioned the appellant and his sons who were in their field about the missing crops. This offended the appellant and his sons who abused Majid and Angan and rushed at them with lathis and beat them. Angan getting two blows with a lathi stood apart while Majid was struck and knocked down with lathis by the appellant and his sons. The witnesses turned up and the appellant and his sons left off the beating. Majid and Angan were then taken to the police station where within two hours of the occurrence the first information report was lodged by Angan. Majid was taken to the hospital where he died at 11 A.M.

(3.) The appellant denied having taken part in the beating and pleaded that he was at home. His defence is that a fight took place between Angan and Majid on one side and his sons on the other.