LAWS(MPH)-1956-12-26

HATESINGH Vs. STATE

Decided On December 27, 1956
Hatesingh Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS appeal is filed by the accused Hatesingh S/o Mehkal Bhilala, who has been convicted for offences under Secs. 302 and 307 I.P.C. and sentenced to suffer imprisonment for life on the first charge and rigorous imprisonment for five years on the second.

(2.) ONE Thavli is a niece of Mehkal, the father of the accused Hatesingh. She was married to one Khumsingh s/o Nahalya and stayed with him for about fifteen years. Thereafter she left her first husband and began to live with Manga, the deceased, as his wife. After living with him for about six months, Thavli left Manga and went to her brother. According to the prosecution case Mehkal and his son Hatesingh claimed compensation (Jhagda Money) from, the deceased Manga in respect of Thavli and as Manga failed to pay it, there arose bad blood and bitterness between them; that Mehkal and Hatesingh tied Manga and beaten him only a few days before the incident that thereafter also trouble was always brewing between them.

(3.) ON 6.11 -1955, which was the Diwali Day, one Thavaria, P.W. 3 was having a feast at his house. Amongst others, he had also invited the deceased Manga and P.W. 6 Jemla to participate in the feast. After dinner, Thavaria along with the deceased Manga and P.W. 6 Jemla was sitting in the courtyard of his house. P.W. 7 Bhuru, a neighbour of Thavariya was also sitting in the courtyard of his house. It is alleged by the prosecution that at about 3 or 4 P.M. the accused Hatesingh, his father Mehkal and ten other persons including two females, were seen going towards Thavanya's house. They were abusing Manga. Hatesingh then had a gun with him. One Khumsingh who is the uterine brother of the deceased Manga, heard these abuses and apprehending danger to his brother, ran to Thavariya's house and asked Manga to run away from the place.