BACHHU ALIAS SAKTU Vs. STATE

JUDGEMENT

(1.) Bachhu alias Saktu appeals against his conviction and sentence of death Under Sec. 302 of the IPC for having committed the murder of Smt. Bataso who had been given to his keeping after the death of her husband Ragho.

(2.) The prosecution case is that on account of the accused's ill treatment of her Smt. Bataso and her daughter by Ragho, shifted from the accused's house to a Kothri some time before this incident, which took place at 2 a. m. on 17 -3 -1957. The accused came to her kothri that night and remained there till Bataso returned at about 11 p. m. after attending to a case of child birth. She could not succeed in sending him away and went to sleep. The accused attacked her and Ram Beti her daughter with a knife at about 2 a.m. The cries brought to the spot Durga Prasad and Gulzari whose house was just opposite the kothri of Bataso, Babu Dhanuk who was sleeping at a short distance from her kothri, and Babu Nai whose shop is about 25 paces away from the corner of the lane Kacchiyan adjoining the road to Ganjdundwara. Three constables Rahmat Ullah, Mahabir Singh and Sughar Singh also happened to reach this road and to notice the accused come out of that lane with a knife and run away towards Ganjdundwara. Some persons were chasing the accused shouting "Murderer, murderer." Sughar Singh went ahead in pursuit of the accused. The other two Constables reached Bataso's house and found her and Ram Beti lying injured. They told them that Bachhu accused had assaulted them. The persons pursuing the accused failed to seize him.

(3.) Rahmat Ullah they went to police station Ganjdundwara, three furlongs away, and lodged a report at 2:15 a. m. mentioning therein what has been mentioned above with respect to the actual incident. Sub Inspector Bhup Singh investigated the case in the company of Ahmad Hasan station Officer of Ganjdundwara. Bataso's injuries were examined by Dr. Baldeo Behari Lal, Medicai Officer of Ganjdundwara. She had seventeen incised wounds on her person. The first wound on the abdomen was dangerous. She died at the Dispensary at 1.35 p. m on 20 -3 -1957. The case originally registered Under Sec. 307, IPC was then registered Under Sec. 302, IPC. Dr. Chimman Lal P. W. 5 conducted the post mortem examination over the body of Bataso on the 21st of March and found that the incised wound on the abdomen was abdominal cavity deep.