GUR DAYAL Vs. STATES

JUDGEMENT

(1.) Gurdayal appeals against his conviction under Ss. 302 and 324, I.P.C. and sentence of transportation for life under Sec. 302 and of two years' rigorous imprisonment under Sec. 324, I.P.C.

(2.) The prosecution case, briefly, was that at about 2 p.m. on the 7th of February, 1951, four boys, namely, Pahunchi Lal deceased, Soney Lal, Tej Ram P.W. and Puttu Lal P.W. were grazing cattle in a banjar land outside village Patkaha in the district of Etawab. Soney Lal P.W. rested himself on the ground after asking Pahunchi Lal to look after his cattle. Tej Ram P.W. and Pahunchi Lal deceased were sitting together near a nula when Gurdayal Appellant arrived with a hatchet Ex. 3 in one hand and a khurpa in the other. Pahunchi Lal deceased asked the Appellant as to where the latter lived. The Appellant did not reply. Pahunchi Lal put the question once again and yet there was no reply. Then Pahunchi Lal said to the Appellant "Hai to poora Chamar" (After all he is a perfect Chamar). On hearing this the Appellant got enraged and struck Pahunchi Lal in the neck with the hatchet which he had in his hand. Panhunchi Lal raised an alarm . Tej Ram also shouted. The hatchet blows, however, were so powerful and were inflicted on such vital parts of the body that Pahunchi Lal died instantaneously. Soney Lal who was lying with his eyes closed at a distance of a few paces rushed to the spot when it was too late. The accused attacked him also and caused two injuries. Soney Lal raised an alarm which attracted Puttu Lal, Moti Lal and Godhan P.W. on seeing these persons, the accused ran away with the hatchet and hid himself in a bush at some distance.

(3.) The first information report of the incident was lodged immediately at the police station Bela. The station officer sent Soney Lal to the dispensary and deputed a constable for the arrest of the Appellant. The constable arrested the accused from the place where he was in hiding with his hatchet which was blood -stained and with some hair sticking to it. The accused was also wearing a dhoti which was blood stained and it was taken into custody by the prosecuting sub -inspector.