RATAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an appeal by Ratan Singh against his conviction of an offence punishable under Section 302, I. P. C. for committing the murder of Birbal inside the latter's tailoring shop in village Kota, police station Gulaothi, on September 19, 1969. at about 4 P. M. He has been awarded the lesser sentence of imprisonment for life.

(2.) TT is the admitted case of the parties that Birbal, deceased, and Ratan Singh appellant were friends and were not at all on badr terms. There is also nothing to show that there could be any prior intention to commit the murder. The murder is said to tiave been committed on a very petty matter, namely, the refusal of Birbal to accompany Ratan Singh to assist in chopping fodder.

(3.) BIRBAL, deceased, and his brother Jaipal Singh, P. W. 1, have a tailoring shop in the village which consists of three portions. On the fateful afternoon Birbal was stitching a coat in the northern portion while Jaipal Singh, P. W, 1 and his two apprentices Shiv Kumar, P. W. 3 and Ram Kumar were working in the middle portion. Smt. Anguri, P. W. 2, daughter of Jaipal Singh had come there to call her father to come to the house and to feed the cattle. The house of Jaipal Singh and Birbal is close to the shop but lies on the other side of the road. It was then that the appellant arrived and asked Birbal to accompany him to assist in chopping fodder. Birbal refused on the ground that he was busy. The appellant did not like the refusal with the result that words were exchanged between the two. Birbal had then got up putting aside the coat which he was stitching. The prosecution case is that after warning Birbal that the consequences for the refusal shall be serious he (Ratan Singh) took out a knife and stabbed Birbal on the left side of the chest below the nipple. As a result of this injury Birbal fell down dead at the spot. Thereafter the appellent fled away. Jaipal Singh and others and also the pas-sersby, namely. Ram Saran, P. W. 4, and Alia Mahar. P. W. 5. chased the appellant but could not arrest him. It is further alleged that chase was given up when the appellant threatened to stab the pursuers.