STATE Vs. BIHARI LAL PAHU LAL

JUDGEMENT

(1.) THIS is an appeal brought by the State against an order of acquittal passed by Sessions Judge, sardari Lal Madhok dated 13-5-1952.

(2.) THE facts of the case arc that there was an allegation of enmity between the family of Behari lal and Chaggar Singh deceased. About fifteen years ago there was rape case against Pohu Lal, the father of Behari Lal, and Chaggar Singh deceased is alleged to have appeared as a witness for the prosecution. It is also alleged by the prosecution that in 1950 Tulsa Singh, a brother of the accused and another were arrested under Sections 109 and -151, -Criminal P. C. , because there was an allegation against them that they wanted to commit an offence, to wit, the murder of chaggar Singh. A third matter has also been brought in, although it was not in the first information report, that Behari Lal and his father are smugglers and they suspected that Chaggar singh was complaining to the police against them.

(3.) AT 5p. m. on 23-8-1951, in village Dhull Kohna where the complainant's party and the accused reside, Chaggar Singh deceased was coming back from the Gurdwara after having had a bath-there. ' Behari Lal accused came from the opposite side, passed Chaggar Singh and then turned back and suddenly attacked Chaggar Singh with a spear causing him two injuries, one in the abdomen and the other on the left thigh as a result of which Chaggar Singh fell down and behari Lal, the assailant, ran away throwing the spear at the place. It is also stated that he then took out a bomb from his pocket and threw it at the spot, but the bomb did not burst.