KISHAN AND ORS Vs. STATE

JUDGEMENT

(1.) The Appellants Shri Kishan, Bansu and Tirra have each been convicted Under Section 304 read with Section 34 I.P.C. and have been sentenced to 5 years' rigorous imprisonment and a fine of Rs. 50/-, and in default of payment of fine to 6 months' further rigorous imprisonment, by the learned Sessions Judge of Banda.

(2.) The prosecution case is that on the 3rd August, 1952, P.W. 4 Bhura, who is a boy of 11 or 12 years of age, had taken his bullocks for grazing in his pasture land; that one of the bullocks (sic) into the pasture land of the accused Sri Kishan; that Bhura could not take out that bullock from the pasture land and went home and informed his father Gajraj Singh about it; that in the meantime Sri Kishan also came there and complained to his father Gajraj Singh about the bullock straying into his pasture land; that Gajraj Singh told him that it would not go there in future and sent his son Bhura to bring back the bullock from there. It is further alleged that Bhura brought the bullock from the pasture land of Sri Kishan and while he was on his way to his home he was surrounded by the three accused who wanted to take the bullock to the cattle pound; that Gajraj Singh and his other son Kallu Singh, who is about 8 or 9 years old, went there and asked the accused not to take the bullock to the cattle pound but they insisted on it, and thereupon there was an exchange of hot words between them and the three accused beat Gajraj Singh with lathis as a result of which he died the same evening. The report of the occurrence was made by Smt. Sukhdarya, widow of Gajraj Singh, the next morning on the 4th August 1952, at 6-30 a.m. at Polire Station Badausa which is at a distance of about 10 miles from the scene of occurrence. The Appellants and one Baldeo were named in this report as the persons who had assaulted her husband, After the report the police went to the house of Gajraj Singh and found his dead body there. It was sent to Karwi for post mortem examination which was performed on the 5th August, 1952, at 11-45 a.m. by Dr. S.M. Patankar, Medical Officer, Karwi. The postmortem report disclosed that the deceased Gajraj Singh had 6 injuries on his person, one of which was a contusion and the rest were contused wounds on the different parts of the body; that his spleen was ruptured and that his death was due to haemorrhage and shock resulting from the rupture of the spleen.

(3.) The accused denied that they had inflicted the injuries on Gajraj Singh. They stated that they had been falsely implicated on account of enmity. They did not produce any evidence in their defence.