RAMSAKAL KOIRI Vs. STATE

JUDGEMENT

(1.) This appeal arises out of the trial before the Sessions Judge of Shahabad, Arrah, in Sessions Trial No. 55 of 1953.

(2.) The prosecution case, stated shortly, is as follows: On 4-2-1953, at about sunset Makdum Dhobi, P. W. 1, returned home with his three donkeys laden with washed clothes. After unloading the donkeys, he asked his son Ghultua, aged about seven or eight years, to take them out for grazing. While grazing, one of the donkeys strayed into the potato field of the appellant Ramsakal Koiri, and grazed one plant of potato. It is said that Ramsakal gave a slap to Ghultua upon which Makdum, P. W. 1, came there from his house and asked Ramsakal as to why he had slapped his son. On this the appellant Ramsakal assaulted him with a Motangana (bamboo for carrying a leather bucket) on his head. Seeing this Makdum's brother Damri Dhobi came to the spot and asked Ramsakal as to why he had assaulted Makdum and his son. There was some altercation between them. Immediately, the appellants Kedar Koiri, Dani Koeri and Jatuli Koiri arrived at that place with Dantas in their hands. Bikram Singh, P. W. 4, who has his house very close to the place, arrived there and tried to stop the quarrel between the parties. He was, however, unsuccessful, and the quarrel continued. The appellant Ramsakal dealt a blow with his Motangana on the right hand of Daman Dhobi and the appellant Kedar Koiri assaulted him with lathi on his right temple. Damari thereafter fell down and he was then assaulted by the appellants Dani Koiri and Jatuli Koiri with lathis. Damari became unconscious and he was carried to the police station at Buxar, which is at a distance of sis miles from the' place of occurrence, on a bullock cart and there a first information was lodged at 8 p. m. on the same day. Damari however, expired on the following Friday, that is, on 6-2-1953, at about 4 a. m.

(3.) After having completed investigation, the police submitted chargesheet against the appellants who were ultimately committed to the court of session to stand their trial. They were, accordingly, put on trial under Section 302 read with Section 34, Penal Code for having committed the murder of Damri Dhobi in furtherance of their common intention, The appellant Ramsakal was also charged under Section 323, Penal Code fur having voluntarily caused hurt to Makdum Dhobi in the course of the same transaction.