RAMLA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by accused, Ramla, against the judgment of the learned Additional Sessions Judge, Jalore, dated the 27th March, 1961, whereby he has been convicted under Section 307, Indian Penal Code, and sentenced to five years' R. I.

(2.) THE case relates to an incident, which took place at village Sanghana on the night between the 1st and 2nd June, 1960. The first information report about the occurrence was lodged on the next day by P. W. Khubla at police station, Bhawatra.

(3.) THE prosecution story in this case was that the appellant had illicit intimacy with Mst. Chunki, widow of Fatta, who was uncle of P. W. Kastura P. W. Kastura resented the appellant's illicit connection with Mst. Chunki and, therefore, he used to reprimand, him from time to time. The story goes that three days before the occurrence, Kastura again reprimanded the appellant and asked him to stop his visits to Mst. Chunki and, thereupon, the appellant told him that he should not meddle in the affair, otherwise he would be killed. The prosecution story further is, that on the night between 1st and 2nd June, 1960, P. W. Kastura was sleeping on a cot outside his Jhumpa. His brother P. W. Khubla was also sleeping on a separate cot by his side. When both of them were asleep, the appellant came armed with a spear and caused injuries on the neck of P. W. Kastura with the intention of murdering him. On receiving the spear blow, Kastura was aroused from his sleep and he raised a cry, on account of which his brother Khubla also woke up. According to the prosecution, both of them saw the appellant when he was running away,