MEHNGA BUTA Vs. CROWN

JUDGEMENT

(1.) For the murder of Bhagtar chowki-dar, Mehnga appellant and Waryama, who has been acquitted, were tried for an offence under Section 302, Penal Code, and Mehnga was sentenced to death by the learned Sessions Judge of Jullundur. The convict has appealed to this court & the sentence of death is also before us for confirmation.

(2.) The occurrence is said to have taken place at about 8 P. M. on 3-4-1948 in front of the house of Waryama accused in Miranwali Gali of village Nag-gal Ambia, Tehsil Nakodar. The story of the prosecution is that three days before the occurrence the Tehsildar had come to the village and had directed the Lambardar, Kartar Singh (P. W. 9,) to arrange for the collection of land revenue. In pursuance of that order, which was given orally by the Tehsildar, the Lambardar Kartar Singh had directed Bhagtu Chowkidar to go and make a proclamation in the village that land revenue would be collected on the following day. When Bhagtu Chowkidar went into Miranwali Gali and was making this proclamation Waryama and Mehnga came out of the house of Waryama and there Mehnga abused the Chowkidar saying "Sale, you come everyday and trouble us for the collection of land revenue" and then he took out his pistol and shot him in the abdomen. It is alleged that this incident was witnessed by Kartar Singh Lambardar (P. W. 9), Kishna (P. W. 10), and Das (P. W. ID. There and then Mehnga was arrested and a pistol was recovered from him as also four 303 live cartridges in a magazine. Both Mehnga and Bhagtu were taken to Shahkot, two miles away from the village, Mehnga to the Police station and Bhagtu to the Hospital.

(3.) The first information was lodged by Kartar Singh Lambardar and Bhagtu was admitted into the Shahkot dispensary. Finding that the condition of Bhagtu was not too good, the medical officer in charge, Dr. B. R. Madan (P. W. 6), at about 9-45 p.m. sent a ruqqa, Ex. p. O. to the police station and Assistant Sub Inspector of Police Jagdish sarup came at about 10 p.m. and recorded the statement of Bhagtu after the doctor had certified that Bhagtu was in a fit condition to make a statement. The dying declaration Ex. P. H/1 was finished at about 10-17 p.m.