DHANNO KHAN Vs. STATE

JUDGEMENT

(1.) This is an appeal by Dhahnoo Khan, who has been convicted by the learned Sessions Judge of Rampur under Section 302 of the I. P. C. and has been sentenced to imprisonment for life and a fine of Rs. 100/-.

(2.) The facts giving rise to the incident briefly stated were these:

(3.) On the 14th of December, 1951, the deceased went to the shop of one Tullan, who was a carpenter, about sunset time in village Kajriyee. As he went there he found several people sitting at that shop. The deceased asked as to where the Pradhan of the village was. Thereupon Tullan asked the deceased as to why he was enquiring for the Pradhan. In answer to this querry by Tullan, the deceased replied that he wanted to meet the Pradhan for he wanted to complain to him against the actions of certain people who were driving carts through the ploughed fields and thereby causing damage. Dhannoo Khan the accused immediately said that the carts would be taken through the ploughed fields as they had been. This assertion by Dhannoo Khan led to an altercation between Dhannoo Khan, on the one hand, and Baddan alias Chet Ram the deceased, on the other. There was some scuffle also and according to the testimony of at least one eye-witness Baddan delivered a Danda blow on Dhannoo Khan. Those, who were sitting at that shop at the time, intervened and separated Dhannoo Khan and Baddan. During the course of the altercation the accused had whipped out a knife and attempted to make an attack on Baddan. He was thwarted by Nazeer Ahamd P. W. 6 who caught hold of Dhannoo Khan. Tullan thereupon asked Baddan to go away and Mohammad Jan P. W. 5 held down the accused by the hand. As Baddan was leaving Tullan's shop he showered filthy abuses on Dhannoo Khan which apparently raised the temper of Dhannoo Khan further with the result that hardly Baddan had gone a hundred steps or so when Dhannoo Khan freed himself from the grip of Mohammad Jan and dashed out behind Baddan. This made some of the witnesses follow Dhannoo Khan in an attempt to interfere with his intention to attack Baddan. None of the witnesses was, however, able to avert the tragedy that followed. Baddan was attacked with a knife and given two severe blows with it with the result that he collapsed and died on the sopt.