PRATAP AND ANOTHER Vs. STATE

JUDGEMENT

(1.) Pratap aged 45 and Bhairon aged 28 have been convicted under Section 302, I.P.C. and sentenced to death. They have also been convicted under Section 24 of the Cattle Trespass Act, and sentenced to six months' rigorous imprisonment. They appeal against their convictions and sentences. There is also before us the usual reference for the confirmation of the sentence of death.

(2.) The prosecution story was as follows. On the 28th February 1953, at about 10 a.m. Rajdhar, brother-in-law of Desraj, and Karan Singh, cousin of Desraj had gone to the field of Karan Singh for harvesting the crop. The field of Desraj adjointed the field of Karan Singh. Rajdhar noticed that eight bullocks were grazing the gram crop in the field of his brother in-law Desraj. Rajdhar rounded up those cattle and drove them towards the cattle pound at Kachwan Kalan. He had walked about a furlong with the cattle when all of a sudden eight persons, including the two Appellants and one Kukkan alias Sheocharan, appeared on the scene. They surrounded Rajdhar. Pratap Appellant was armed with a pharsa and Bhairon Appellant was armed with an axe, and the rest were armed with lathis. They prevented Rajdhar from taking the cattle to the cattle pound. Rajdhar protested and said that the cattle had done damage to the crop to the extent of Rs. 150/- and that he would impound the cattle. This led to a quarrel, and one of the assailants, namely, Kukkan struck a lathi blow on the head of Rajdhar. Pratap Appellant then attacked Rajdhar with a pharsa and Bhairon Appellant with an axe. Rajdhar on receiving the blows fell down on the ground; and the prosecution alleged that the other accused beat Rajdhar with lathis after he had fallen down. Rajdhar became unconscious due to the injuries received by him and died two days later in the hospital.

(3.) The first information report of this incident was lodged by Karan Singh at the police station Jaria in the District of Hamirpur, which was seven miles from the place of occurrence at about 3:15 p.m. the same day. It is obvious that the report was lodged without any delay.