JHALLOO Vs. STATE

JUDGEMENT

(1.) THERE are there appellants in this appeal; Radhey Kishan and Tika Ram, appellants are own brothers. Jhallu, 'appellant is their next door-neighbour.

(2.) VICTIM Suraj, aged about 45 years was eldest brother of Shyam, informant, P. W. 1 ; Ajodhya, P. W. 2, is younger brother of deceased Suraj but elder to Shyam, informant.

(3.) AJODHYA was driving his bullock-cart laden with sorghum ear for storing it in his enclosure on that evening.He protested about the obstruction in his way and requested the appellants to remove it; appellants were adamant and vituperative ; an altercation took place amongst parties ; appellants were infuriated and pursued the bullock-cart of AJODHYA who diverted the same towards south homewards ; Jhallu was armed with Pharsa ; Radhey Kishan with axe and Tika Ram with Lathi ; they over took AJODHYA on the trivium and dealt blows on him near the drain ; his: out cry attracted to the scene of occurrence deceased Suraj, wife of Suraj Smt. Ramkali, P. W. 3, and Shyam informant, P. W. 1, who ran to his rescue. The brunt of attack was sustained by Suraj who received heavy Pharsa and axe blows also and met an instantaneous death ; Shyam also did not go unscathed.