BHERUSINGH Vs. STATE

JUDGEMENT

(1.) THE facts of the prosecution case are that the appellants Bherusingh and Shareef were residents of Dhulet in Mahidpur Tehsil. On the morning of 5-10-1954, these two persons reached the village Rudrakheda and made inquiries at the house of Raisingh for the deceased Ramchandra. Ramchandra was not at home and they were informed that he had gone to the house of Bapusingh Patel. Bherusingh and Shareef went to Bapusingh's house where Ramchandra was engaged in some work. Bherusingh then carried a 'lohangi' in his hand whereas Shareef was armed with a stick. On seeing these persons Ramchandra stopped work and returned with them. They had scarcely walked some distance when Ramchandra is alleged to have been beaten by Bherusingh and Shareef with the weapons they had carried. Ramchandra fell down near the house of one Kriparam and died as a result of the injuries on the spot.

(2.) ON hearing the noise of the beating, people rushed to the scene of occurrence. Bherusingh and Shareef ran in the direction of Mahidpur. They were pursued by the witnesses but could not be caught. The pursuers noticed two persons, Ganpat and Bhagga coming from the opposite direction while the. accused were running away. The pursuers asked Ganpat and Bhagga to catch the two persons who were running away, stating that they were running away after killing Ramchandra. Ganpat and Bhagga were unarmed and as Bhernsingh and Shareef waived their weapons and threatened to use them, Ganpat and Bhagga moved aside and allowed them to escape.

(3.) GANPAT, who is the Chowkidar of the village Rudrakheda, lodged a report of the incident at the Mahidpur police station at about 1-00 P. M. He was then accompanied by P. W. 2 Bhagga and P. W. 3 Bapusingh Patel and P. W. 4 Nanuram.