NANDGOPAL DULICHAND GURILYAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant Nandgopal has been convicted of an offence under Section 302, Penal Code, read with Section 34 thereof for the murder of one Dalsingh of Mouza Dhana on 2342-1949 and sentenced to death,

(2.) ACCORDING to the prosecution, the appellant along with his brother Rajaram (who is absconding) and one Rambisal attacked with lathis Dalsingh when he had gone to answer the call of nature on the morning of 23-12-1949 and inflicted numerous injuries on his person. Dalsingh succumbed to these injuries within a few hours of the assault. The motive for the crime is said to be enmity between the family of the appellant and that of the deceased which had already taken in the past the toll of the life of Dulichand, the father of the appellant. This was about 16 to 18 years ago and the person responsible for Dulichand's death was Pooran, the brother of the deceased.

(3.) AS Rajaram is absconding, the appellant and Rambisal were the only persons who were tried together. We may mention at the outset that originally two more persona, Ramgopal, another son of Dulichand, and one Kalkaprasad were charged with the offence before the Court of the Committing Magistrate. The Committing Magistrate, however, discharged them on the ground that there was no evidence against them and framed charges only against the appellant and Rambisal. The Sessions Court acquitted Rambisal and convicted the appellant alone.