GUPTAR Vs. REX

JUDGEMENT

(1.) Guptar Ahir, Dalsingar Ahir and Kanhaiya Misir were prosecuted under Section 304 read with S. Si, Penal Code, for having caused the death of Mt. Sumaria on 18th July 1946, in village Malaon, police station Bansgaon, three hour after sun-rise. Dalsingar Ahir and Kanhiaya Misir have been acquitted and Guptar Ahir has been convicted and sentenced to four years' rigorous imprisonment by the learned Sessions Judge of Gorakhpur. Guptar Ahir has come up in appeal to this Court.

(2.) The prosecution case was as follows: One Rambali was a ploughman of Rajan Babu, zamindar of the village. He had given up the service of Rajan Babu about two months prior to the incident. Fifteen days prior to the incident the accused, Guptar Ahir and Kanhaiya Misir servants of Rajan Babu, forcibly took away a bullock belonging to Rambali. When this did not induce Eambali to resume service at the place of the zamindar, Guptar, Kanhaiya and Dalsingar went to Rambali's house on I3tb July 1946, and asked him to go with them to do the work of the zamindar. Rambali refused. Thereupon the three accused untied a cow of Rambali which was standing outside his door and carried it away. Rambali stopped them from doing so. Upon this the three accused give lathi blows to Rambali. His mother came out from inside the house. She was also beaten. She received a blow on the liver and as a result of that blow she died after an hour. When the woman fell down unconscious the accused fled away.

(3.) The first information report of this incident was made at the police station Bansgaon, which is at a distance of nine miles from the village, at about 3-so F. M. The occurrence is said to have occurred at about three hour after sun-rise.