SHEO DAN Vs. STATE

JUDGEMENT

(1.) THESE are four appeals by four convicts, No, 32 of 1950 by Sheo Dan, No. 33 of 1950 by Ram Dan, No. 34 of 1950 by Bahadar Dan, and No. 3. 5 of 1950 by Hetu Dan, arising out of the same judgment delivered in a murder case on the 5th of April 1950, by the learned Sessions Judge, Nagour. All the four appellants were convicted and sentenced to rigorous imprisonment for life under section 302 M. P. C. , for causing the death of Ganesh Dan, and to one year's rigorous imprisonment under section 148 M. P. C. In addition to the above mentioned sentences, Sheo Dan appellant was further convicted and sentenced to seven years' rigorous imprisonment under section 304 Part (2) for causing the death of Kalyan, and Bahadar Dan appellant was further convicted and sentenced to one year's rigorous imprisonment for causing injuries to Fateh Dan.

(2.) THE occurrence took place on the morning of the 7th of December 1948 in front of the main gate of the Raoli Pole, situated in the village of Tokarla. According to the story, as related by the prosecution witnesses, Ganesh Dan deceased and Kalyan Dan deceased, along with Fateh Dan, P. W. 6, and Jagannath Brahmin P. W. 8 were sitting on a 'chabutri' of the common fire place, just adjacent to the main gate of the Pole, inside which the houses of both the deceased are situated. Ganesh Dan was cleaning his teeth with a 'datoon'. Mst. Kalyan Kanwar P. W. 16, Ganesh Dan's daughter's daughter, came out of the Pole and requested her maternal grand father to come to the he use and take his tea. Ganesh Dan asked her to wait so that he may finish with his 'datoon'. After a few minutes she again asked Ganesh Dan to make haste. In the meantime, while she was pressing him to come to the house, all the four appellants, along with four others, Manohar Dan S/o Sumer Dan, Kan Dan S/o Mahesh Dan, Gurnan Dan S/o Pusa Dan and Badri Dan S/o Lal Dan, heavily armed with unsheathed swords in their hands, emerged from a lane just adjacent to (the Pole. No sooner these eight persons reached the spot, they began to strike blows with swords in their hands, on Ganesh Dan. Ganesh Dan tried to run away from the place, but he was over-powered by the assailants, was brought to the ground, and was very badly injured by the simultaneous sword blows given by all of them. Kalyan Dan and Fateh Dan rushed to rescue Ganesh Dan,but they were also attacked by the assailants, and were given severe sword cuts, as a result of which Kalyan Dan's hand wan cut off and severed from his fore-arm; THE assailants then ran away from the place of occurrence to their houses.

(3.) IN the present case, we are simply to see whether Ex, P. 1 was male by Ajit Dan to the Sub-INspector Police, Sultan Khan before the com-mencement of the investigation or afterwards?