KRISHNA Vs. STATE

JUDGEMENT

(1.) THE appellant Krishana has been convicted by the Sessions Judge, Baran under sec. 325 of the Penal Code. He was challaned by the Police Morpur under sec. 302 of the Penal Code and the allegations of the prosecution were that the accused was taking a number of jawar bags in his cart from Baran to Chipa Barod for the firm of Madho Lal on the 22nd January, 1949. In the way one of the bullocks was found unable to proceed any further and consequently from the village Chhajawa he hired a bullock of Dhanna Chamar for Rs. 6/ -. THE bullock of the accused was left at Dhanna's house and Dhanna accompanied the accused in the Cart. When the cart reached within the boundaries of village Kabail sometime in the evening a dispute arose between the accused and Dhanna (hereinafter to be referred to as the deceased) near Village Chhegra between the said village and Chipa Barod about two furlongs from the Platier's Bungalow. THE accused wanted to pay only Rs. 4/- whereas the deceased demanded Rs. 7/ -. THE deceased abused the accused who took out a wooden stump from his cart called Kharla and dealt it over the head of the deceased from behind the latter's back. THE deceased fainted and the accused dragged him down from the cart and made him lie down on one side and dealt two more blows to the left temple of the deceased who immediately succumbed to his injuries. THEreafter the accused reached his destination Chipa Barod and after unloading his cart was going to Baran when he was seized by Dhanna's widow Mst. Ganga who asked him to return the bullock and also as to what had happened to her husband. THE accused replied that the deceased would be coming by train and that the bullock had been exchanged for his own bullock after paying a sum of Rs. 10/ -.

(2.) MST. Ganga with the help of one Hira took the accused to Mangla Chowkidar who took the accused along with the cart and the bullock to Atru Police Station. Meanwhile a police constable Dhuli Lal was informed on the 23rd January, 1949 by Bhanwar Lal Mahajan of Chipa Barod that a corps was lying about five furlongs from Salpur Railway Station. Dhuli Lal went to the spot along with Bhanwar Singh Constable and Madan Lal Jat of Kabail and found the dead body there with blood stains. He lodged a report at the police out post Kabail. Ali Mohd. A. S. I. Morpur went to the spot and inspected the site and the dead body. A case was registered under sec. 302 of the Penal Code on the 24th January, 1949 and the dead body was sent for post-mortem, examination on the 25th March, 1949. Certain articles including a Barsati (Rain Coat) are said to have been recovered at the instance of the accused. The Rain Coat was recovered on the 29th January, 1949. On the 31st January, 1949 the accused was produced before Shri Zahid Hussain Additional Magistrate, Baran and his confession was recorded by the said Magistrate. After further necessary investigation the case was challaned in the Court of the Sub-Divisional Magistrate, Atru who committed the accused to take his trial under sec. 302 of the Penal Code before the Court of Sessions at Baran.

(3.) I do not think that the learned Sessions Judge was justified in doubting the genuineness of the confession.