GHASI RAM Vs. STATE

JUDGEMENT

(1.) THIS is convict's appeal from Jail.

(2.) THE prosecution case is that one Gaffar had taken a contract of a coupe in the forest of Sarao and that the deceased AH Ahmed was looking after the coupe on his behalf. The accused was employed to prepare charcoal. On 14. 12. 1950 Ali Ahmed went to the coupe and found that one of the stacks of wood was not fit to be lighted for preparing charcoal. He told the accused about it who stated that there was nothing wrong with the stack of wood. This led to the exchange of hot words between them. The deceased abused him and finally assaulted him with a stick. The accused, who had an axe with him, hit the deceased with it on his head and other places as a result of which he fell down dead. The accused then took to his heels.

(3.) INFORMATION about this was given by the witnesses to Yusuf another Hawaldar of Gaffar who went to Raisen Station House and lodged a report (Ex. P-1) which was reduced to writing by Ali Hussain Sub Inspector (P. W. 1 ). He proceeded to the spot immediately and visited the scene of occurrence where the dead body of Ali Ahmed was lying uncared for and partially damaged by vultures. Inquest was held on the dead body by the Sub-Inspector and Ex. P-2 is the inquest report. The dead body was then despatched to Bhopal through Ajimuddin constable (P. W. 7) for postmortem examination. Dr. Bose (P. W. 10) performed the post-mortem examination and sent his report which is missing from the record. The doctor found four injuries on the dead body at the region of head and neck which were, in his opinion, caused by a sharp-edged weapon like an axe. Any one of those injuries was, according to medical opinion, sufficient to cause death. 3a. The accused had absconded and a search for him was made. He was caught by villagers who took him to Salamatpur Station House where he was arrested on 19. 12. 50. He was then sent to Raisen Station House.