MOHAN Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Mohan against his conviction under section 304 of the Indian Penal Code by the Sessions Judge, Partabgarh.

(2.) THE prosecution story was briefly this. THE incident in question took place on the 19th of February, 1950, at about 8 or 9 P. M. THE appellant Mohan and the deceased Bheria are brothers. THEy have another brother named Debia. It is said that that evening the appellant was drinking in his room, while Debia was drinking in his. THEse brothers live in the same compound but in different rooms. THEre is a fourth brother also. It seems that a silver ornament belonging to that brother had been lost a few days before. THE appellant and Debia started quarrelling about the loss of that ornament, and the appellant accused Debia of having stolen the ornament. On this Debia got up with a lathi and wanted to strike the appellant, who, however, came to his room. THE deceased saw this conduct on the part of these two brothers, and thought that they were going to fight. He, therefore, went up to the room of the appellants and after the appellant had gone into the room was chaining it from outside. While he was doing so, it is said that the appellants hot at him through a hole in the chokhat of the door by putting the muzzle of the gun through that hole. Bheria was injured in the chest, and fell down at once. Debia had seen this incident. Soon after the shot had been fired, the women folk came out of the rooms. So did two other persons, namely, Deva and Mangia Bhils. Information was then sent to the Numberdar who arranged to send a person to the Thana to make a report. This report was made the same night, and the Police arrived on the spot next morning. THE appellant was still inside the room, and was arrested. THE gun was handed over to the Police by Debia. Later on, the appellant was put up before a Magistrate and he made a confession on the 22nd of February, 1950, which, however, was retracted in the Committing Magistrate's Court.