BILAS HARDIKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The following judgment of the Court was delivered by Malik, J: Appellant Bilas Rao Hardikar has been convicted under section 302 of the Indian Penal Code for the murder of his cousin Dilip Hardikar and sentenced to suffer imprisonment for life.

(2.) The prosecution story may be briefly stated: Hardikars lived in Baria Ghat Ward of Saugor Town. They once owned considerable property, a big house with a big compound. On partitions being effected between the co-sharers, they occupied their separate living apartments. But the Angan and the cattle-shed were being used in common. The access to the cow-shed lay through Diwakars portion or through Angan. It so happened that on 25.3.1980, Dilip chopped on a Babul tree to which Shankar Rao Hardikar objected. Shankar Rao Hardikar is father of the appellant Bilas Rao). Dilip gave him a fifthy abuse and it is said, Shankar Rao retorted that the hands which had cut the tree, shall be cut to pieces. The matter rested there. Nothing untoward happened for six days.

(3.) On 31.3.1980, at about 9 p.m., Dilip Hardikar went to milk the cow which was tied in the Angan. It was summer and the cow was not tied under the shed (called Goshala) which was stuffy. Since the lights had, gone off due to power failure, Dilip had taken a lantem with him. He hung it on the door pog at AT (see map Ex. P-5). At that very time, Mukesh (P.W. 5), Vivek (P.W. 15), the two brothers of Dilip, and Rajendra Dube (P.W. 14) had come out of the house and were standing on the Chabutra in front. Power failure had made them come out. While they stood chatting, they heard Dilips shrieks from towards the Angan: "Daudo Bachao-Muze Bilas Talwar Se Mar Dal Raha Hai.' On hearing his shrieks, they rushed in. They saw Dilip holding the sword point firmly in his grip and Bilas trying to pull it away. Bilas succeeded since Dilip could not hold fast the sharp edge which was cutting the thumb and the palm. AS soon as the sword was released from Dilips glip, Bilas gave a blow on the right knee and another on the elbow joint and the third on the shoulder. He had aimed the blow at the neck when Mukesh shouted at him Kya Mar Daloge. Bilas then retreated, threatening those who had come, to keep away or else he would kill them as well. The noise had attracted Rameshwar Chourasia (P.W. 13) and Dinesh Gupta also on the scene before Bilas could make good his escape. Sulbha (sister of Dilip) had also come. Dilip was in senses when he was lifted and rushed to the hospital by Sulbha, Vivek and Rajendra Dube. They had taken him on a three wheeler. Dilip died on way before he could reach the hospital. Mukesh (P. W. 5) had straight gone to the police station to lodge a report. The report is Ex. P-18, recorded within half an hour of the incident. After lodging the report. Mukesh went to the hospital out then, Dilip had breathed his last.