BHAMRA Vs. STATE

JUDGEMENT

(1.) THIS is a convict's appeal from jail. The prosecution story is that on 21. 8. 50, the accused Bhamra of Barkhera was returning to his village by the way which passes by the side of the field of the deceased Bhagirath of Banana. Bhagirath was ploughing his field at the time and the accused, on seeing him, called him for a chat. Both of them sat on the boundary line of the field and the accused offered him Supari. The accused remonstrated with the deceased for ill-treating his-own wife, whereupon the parties flared up. Ultimately a scuffle ensued. In that scuffle the accused struck the victim with a stone on his head with the result that ho sustained a fracture of his skull to which he succumbed three days later. At the time of the incident Ratiram, p. w. 1, and Lalchand p. w. 3, were working in their respective fields close to the field of the deceased. Lalchand was the first man to see the scuffle. He ran to the field of the deceased and shouted for Ratiram. Both of them came to the spot and the accused, on seeing these persons ran away. But ho was caught by Pannalal p. w. 2. The victim and the accused were taken to the village. As both parties had received injuries, it was not thought advisable to make a report to the Police but three days later, the condition of Bhagirath became very serious and so a report was made to the Police through Bansilal, p. w. 7, and a Hakim was also sent for to examine the victim. The same day Bhagirath expired.

(2.) ON receipt of the information the Station Moharrir Abdul Aziz Khan, p. w. 12, came to the village, as the Station House Officer was out on tour. He hold an inquest on the body of Bhagirath and prepared an inquest report. The dead body was sent to Bhopal for post mortem. The post mortem was held by Dr. Bose on 26. 8. 50. The doctor found that there were two fractures on skull which ultimately proved fatal.

(3.) THE accused appeared in the Station House on 27. 8. 50, of his own accord and was arrested. On being examined by the Addl. Sessions Judge the accused stated that he did not strike the deceased at all. But on the contrary, he was him half beaten by him. The challan was put up under Section 302, Penal Code, in the Court of the S. D. M. Berasia, for enquiry, by the Naeirabad Police. After the enquiry the Magistrate framed a charge under Section 304, Penal Code, and committed the accused for trial to the Court of Session. The Addl. Sessions Judge who tried the case found that no case under Section 304, Penal Code, was made out and that the case fell within Section 325, Penal Code. He accordingly recorded the conviction under the latter section and sentenced the accused to 3 years' R. I. and to a fine of Rs. 100 and in default to a further term of imprisonment for six months. It is against this conviction and sentence that the accused has come up in appeal.