BANSI Vs. STATE

JUDGEMENT

(1.) BANGI, a Taga Brahman, who has been sentenced to transportation for life under Section 302, i. P. C. , and to rigorous imprisonment for three months under Section 426, I. P. C. has filed this appeal against his conviction and sentence.

(2.) THE person of the murder of whom the appellant has been found guilty was Chameli, a Bhangi woman of the appellant's village, who was the wife of one Thanwarya. The evidence of the eye-witnesses Sukhdeo, Sm. Ram Dei, Nand Kishore, Sagar Singh and Kali Chran establishes the following. Chameli had a piglet three months old. On the morning of 7-5-1953 it entered the appellants' house and thereby defiled it. The appellant was infuriated, went up to Chameli's house and brought her over to identify the animal. By then the animal had come out of the appellant's house and entered a neighbouring shed where a heap of arhar stalks was lying. No sooner had Chameli seized the animal and started dragging it out of the stalks then the appellant began hitting it with a lathi. Chameli beseeched him to spare the little animal, promising to see that it did not stray in future. Thereupon the appellant hit her a number of lathi blows. Both she and the piglet fell down on the spot and died.

(3.) THE appellant's own version of the affair is to the following effect. When he seated beating the piglet Chameli entreated him to spare it. On his pointing out that it had spoiled his food and utensils the woman grappled with him, whereupon he struck her two lathi blows and removed her. She tried to rescue the piglet by placing herself in front of it so that the next lathi blows struck her. He caught hold of her, made her stand and asked her to leave the place, which she did. A short distance away she fell down on a large stone.