PUTTI LAL Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Putti Lal, resident of Panditpurwa Babaganj, police station Rupaidiha, district Bahraich, against his conviction under Section 304, Part II, of the Indian Penal Code by the Sessions Judge, Bahraich. He has been sentenced to undergo five years' rigorous imprisonment. I have heard the learned Counsel for the appellant and the Assistant Government Advocate for the State.

(2.) THE facts of the case in brief are, that Banwari, P. W. 1. the younger brother of Asharfi, deceased, visited the house of prosecution witnesses Pojey and Bindra to engage them as labourers. When Banwari was talking to Pojey, Putti Lal, appellant, also arrived there and enquired from Pojey what wages he had charged from Ram Dularey with whom he had worked. Pojey replied that he got wages in kind, namely, one panseri of wheat. Thereupon, Putti Lal remarked that now it would be difficult even for big persons to pay wages. After about 3 or 4 days, namely, on 6th September, 1965, in the evening, Banwari was cutting grass in his field. In the neighbouring field, Asharfi, deceased, was also scraping grass. Sanker was grazing she buffalo in that very locality. Banwari narrated to him the incident which had taken place earlier with Pojey and Putti Lal. Banwari also complained to Shanker that Dashrat, brother-in-law of Putti Lal had purchased from him paddy worth Rs. 6, and he paid the price to Putti Lal but lie kept the money with him and did not pay it. It was said that when this talk was going on, Putti Lal also arrived there. He enquired from Shanker about the talk that was going on. Shanker repeated what Banwari had told him. Thereupon, Putti Lal talked to Banwari, and tauntingly remarked that he would see as to how big he was and what wages he could pay. He also refuted the charge that he had retained the money paid by Dasrath, Putti Lal showered abuses on Banwari, and also slapped him. He raised an alarm. Asharfi who was in the neighbouring field rushed there. In the meantime, Putti Lal left the place and started going towards west. Asharfi showered filthy abuses on Putti Lal and chased him for some distance, when he returned and caught hold of Asharfi's neck, lifted him bodily and threw him on the mend of the field. The incident was witnessed by Chheda, Ram Phal, Budh Sagar, Awadh Ram, Shanker and Banwari. They chased Putti Lal, but he could not be arrested. When they returned, they found Asharfi lying in a critical condition, and soon after he expired. The chaukidar was called. The dead body was left by Banwari in the charge of his nephew and his brother's wife. He himself went to the thana, where he lodged the report, Ext. Ka-1 on 6th September 1965 at 10-30 p. m. . (The distance of the police station from the scene of occurrence was about five miles.) The investigation was started by Sri K. H. M. Tripathi, P. W. 9, station officer. After necessary formalities, the dead body of Asharfi was despatched for post mortem examination.

(3.) ON 8th September, 1965, at 11-30 a. m. , Dr. S. N. Gupta, Civil Surgeon, Bahraich, conducted the post mortem examination on the body of Asharfi. He estimated the age of the deceased as about 60 years, and the probable time since death about two days. He found the following ante mortem injuries on his person: