MISHRI Vs. STATE

JUDGEMENT

(1.) BOTH the appeals are being decided together -

(2.) IN the early hours of September 24, 1959 Misri and Tulsi lay in wail and as soon as Balakdas passed by Tulsi gave him a Lohangi blow and Mishri 3 blows with his Pharsa. Balakdas succumbed to his injuries.

(3.) CHINNA P.W. 1 and Motiya P.W. 2 are the two witnesses who saw the accused near the injured Balakdas at the tine of the occurrence. Chinna stated that he knew the two accused fur a number of years. On the day of the occurrence he had just got up from his bed when he heard cries of Balaldas. He came out of his house arid proceeded towards the direction from which the cries were coming AV about 25 paces from his home he saw Balakdas lying on the ground and at about 5 steps from it were standing both the accused(sic). Each of them had something like a stick in his hand. The witness reached near Balakdas and found him dead His throat had been out and one of his legs were comletely(sic) cut off. This statement is fully corroborated by Motia P.W. 2 who also lived id the same vicinity and reached the spot immediately after Chimnan(sic) this witness also saw the accused standing near Balakdas who had fallen down after reeceving injuries. Both the witnesses were cross -examined but there is nothing to show why they should not be believed. There is no indication or suggestion in the cross -examination of either as to why they would falsely implicate the Appellants Shri Sharma, learned Counsel for the Appellants has been unable, to attack the veracity of these witnesses. It is remarkable that these witnesses did not state to have Seen the actual beating. This only points towards their truthfulness. The trial Judge has relied on their statement and, I have no doubt, rightly. Even in the, memo of appeal before us the Appellants have not attacked the impartiality of" these witnesses although there is a vague statement that vilagers got them involved in this case out of spite. The statements of these two witnesses are by themselves sufficient to uphold the conviction.