GHANSHYAM Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Ghanshyam against his conviction under Section 302, IPC and a sentence of imprisonment for life.

(2.) THE prosecution case was that the deceased Pyarey was suffering from dysentery and, therefore, he often used to go to ease himself. On 13-10-1970 at about sunrise he felt a strong urge for easing himself. So he went inside the Khandahar of the appellant which was to the back and east of his residential house. It is said that the appellant saw the deceased easing himself in his Khandahar and so he assaulted him with a Sonta. On the cries of the deceased, his son Ram Bhawan (PW 1), Sheo Darshan (PW 2), Brindaban (PW 3) and Matai (PW 4), who were all neighbours, rushed towards the Khandahar. THE appellant ran away saying that the deceased had gone mad as he was easing in his Khandahar.

(3.) THE appellant had denied the change altogether and alleged his implication in the case because of enmity. He examined his father in defence as DW 1.