CHANDAN Vs. CROWN

JUDGEMENT

(1.) CHANDAN applt. 30/35 years old, of village Osri has been convicted under Part II of Section 304, I. P. C. and sentenced to five years' rigorous imprisonment, Chandan appeals.

(2.) THE facts so far as material are that on 28-4-1948, Jug Lal deceased, a grazier by profession, went with a flock of she-goats to the fields. The flock was grazing near a field of the accused, who had come there along with a cart for harvesting and taking the gram. Jug Lal's she-goats trespassed into Chandan's field. Jug Lal thereupon went after the trespassing animals to take them out. Chandan, however, abused Jug Lal and taking a bludgeon called khaivla beat Jug Lal. Jug Lal fell down on the spot and expired soon after.

(3.) AT the time the incident took place there were three other grazier boys nearabout that field, namely, Earn Chandar P. W. 3, Ratna P. W. 6 and Rulia P. W. 7. Seeing the incident Ram Chandar want to the village Bhalai and informed Kuraria P. W. 1 who, accompanied by the village chaukidar left for the police station Urlana, situate :at a distance of 11 miles from village Bhalsi and lodged the first information report at about 2. 45 p. m. The first information report reads: Today, at about 9-10 a. m. I along with Norte Son of Goga, Dhanak, resident of the village was present at my house, when Ham Chancier, Bon of Norte, boy, aged 9/10 years came to us and said 'i along with Ratna son of Norte Rulia, son of Gokal, boys, was grazing flock of sheep and goats, in the Khandian jungle. Jag Lal son of Munshi, Dhanak, resident of the village was also grazing his own flock along with us when his goats trespassed into the gramfield of Chandan, son of Bhola, caste Ror, resident of Osri, situate nearby. Chandan aforesaid was at that time filling his cart with gram sheaves, which were lying out. At the time Jug Lal Dhanak went to Chandan's field to turn out the goats, the latter having taken out a wooden khunta of the cart began to belabour him therewith. The khunta blows fell on his head and neck as a rebult of which he fell :down on the ground and is still lying there. Ratna and Rulia are still there. On receipt of this information chaudhri Tirath Das, Sub-Inspector P. W. 13 who was attached to police station Urlana in April 1948 left Urlana at about 4 p. m. and reached Bhalsi at about 8 p. m. On reaching the spot he found the dead body on a cot under a kihar tree. He prepared the injury statement and inquest report Exs. P. E. and P. F. respectively, but having failed to arrange for transport at night, it was next morning that he sent the dead body for post-mortem examination. He inspected the spot with the help of artificial light but did not find any stains of blood. He, however, noticed slight marks of struggle, as the grass appeared to be trampled. From the field of the accused gram plants appeared to have been out and removed. He then recorded the statements of the eye-witnesses on that night.