(1.) THE challenge in appeal here is to the conviction of the appellant Bawa Ram under Section 302 of the Indian Penal Code for the murder of Charan Singh and the sentence of imprisonment for life and a fine of Rs. 5,000/- imposed in respect thereof.
(2.) ACCORDING to the prosecution, the house of the appellant Bawa Ram adjoined the Haveli of Charan Singh, deceased, where he used to tether his cattle. It is said that a day prior to the occurrence Bawa Ram had let loose his cattle which entered the Haveli of Charan Singh and besides causing damage they also ate up the fodder meant for the cattle of Charan Singh. Charan Singh had protested about this to the appellant Bawa Ram.
(3.) IMMEDIATELY after the occurrence, Gurdev Singh son of Charan Singh, deceased set off for the Police Station to lodge a report. On the way, he met Inspector Jaimal Singh, S. H.O. Police Dhariwal, to whom he made his statement Exhibit-PB on the basis of which the First Information Report came to be recorded at about I P.M. The Police Station being 3 Kilometers from the place of incident. The special report also reached the Judicial Magistrate at about 3 P.M., the Court of the Judicial Magistrate also being 3 kilometers from the Police Station.