STATE Vs. BADRI

JUDGEMENT

(1.) This is an appeal by the State against an order of acquittal of the respondents who are father and son. Bishwanath was charged under Section 304. I. P. C., and Badri, his father, under Section 304/34 I. P. C.

(2.) The facts found by the learned Sessions Judge and which are not now disputed before as are these :--

(3.) Badri respondent was employed as a mistri in the loco department at Gorakhpur and he occupied one of the quarters provided by the railway. The deceased Gopal was the son in law of Badri Gopal's sister was married to Banarsi who was also employed as a mistri in the loco department and who lived in a neighbouring quarter provided by the railway. After his marriage with the daughter of Badri, Gopal came to live about three years before this orcurrence with his father-in-law. They did not however pull on well together, with the result that Gopal shifted to the place of Banarsi after some time. Badri later on, persuaded Gopal to return to his house after a month; but the relations did not become smooth and the situation did not improve. Some fifteen days before the date of the occurrence Gopal again wont back to the place of Banarsi. This time Banarasi vacated one of the rooms occupied by him and put Gopal into it. Gopal desired to bring his wife from the place of Badri and found that she was un-willing to come. Badri and Bishwanath respondents both sided with the girl and they did not permit her to go to live with Gopal. Gopal suspected her to be in love with one Moti who WPS on visiting terms with the family of Badri. This made Gopal all the mere apprehensive and all the more vehement in his desire that the wife should leave Badri's house and come to him, the more so because Gopal had himself been provided with a job in the loco department some months before the date of occurrence and he wanted to lead an independent life. On the 11th of June, 1933, at about 10 p. m. Bishwanath respondent came to Gopal. Discussions followed leading upto a quarrel. The quarrel ended. Bishwanath went back to his quarters and Gopal went to the adjacent quarters of Banarsi. Banarsi had not till then been back from his duty from workshop. Ram Nagina and Baij Nath the sons of Banarsi were sleeping in front of their quarter in the open. Gopal woke them up and desired, them to help to bring his wife immediately from the place of Badri. As conversation was going on with them, Banarsi arrived home from the workshop. Gopal requested Banarsi to accompany him and to prevail upon Badri to send the girl with Gopal. Banarsi and his sons agreed. The party of four, namely Gopal, Banarsi Ram Nagina and Baij Nath went to the quarter of Badri respondent. There were some celebrations going on at a neighbour's house and there were gas lamps burning. Upon reaching Badri's place Banarsi and his two sons stood at a little distance from the door so as not to infringe the privacy of the interior, and Gopal stepped inside and asked his wife to come along. Badri came out and was advised by Banarsi to agree to sending the girl to her husband. Badri did not agree and he asked Banarsi not to meddle in other people's affairs. While this talk was going on outside the quarter it was noticed that Gopal emerged from the main room dragging his reluctant wife behind. The wife caught hold of the chaukhat of the door; and a tug-of-war followed between her and Gopal. The accused Bishwanath at that moment cried out to his father saying "Gopal nahin manta nai". Badri accused replied by saying "Gopal nahin manta hai to maro". Upon this Bishwanath took out a knife from his pocket and gave one vicious jab with it to Gopal and the knife penetrated into the heart. Gopal fell down unconscious in a pool of blood. The tragedy having been realised, Badri at once went inside the house and brought two pitchers full of water which he poured on Gopal, but the latter did not revive from the state of senseless-ness. Badri then laid Gopal on a cot for being taken to the hospital. He was accompanied by his son Bishwanath and by the party of Banarsi as also by two other neighbours. When thay reached the hospital Gopal was found dead. Both the accused on realising the implications absconded, Ram Nagina the son of Banarsi went to the Kotwali and lodged a report.