LALIA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Lalia, Mst. Rambha, Ratna and Bansi against their convictions and sentences by the learned Additional Sessions Judge, Baran, Ratna. Lalia and Mst. Rambha have been convicted under sec. 325 of the Indian Penal Code, and Bansi under sec 323 of the same Code, Lalia and Mst. Rambha have been sentenced to four years' rigorous imprisonment each and Ratna to one year's rigorous imprisonment, Bansi has been sentenced to six months' rigorous imprisonment.

(2.) THE prosecution case was that one Dhoolia, son of Kishna Bhil, was suspected by the accused,who belong to the same family, of having misbehaved with Bansi's wife a few years back. Dhoolia consequently found it difficult for him to remain in safety in village Tailni, where he resided, and which was also the residence of the accused. He, therefore, shifted himself to Moharajpura in Madhya Bharat to avoid any incident from the side of the accused, Dhoolia would, however, often come to village. Tailni to see his parents. On the 25th June, 1950, Dhoolia happened to be in Tailni, and he visited Dhoolia Chaukidar at his house sometime in the evening. THE accused came to know about the presence of Dhoolia in the village Bansi accused with his father Mohana consequently went to the house of Dhulia Chaukidar, and asked him to detain Dhoolia son of Kishna, because they intended to produce him before the police on account of his misbehaviour. Mohan and Bansi thereafter left the place, but only a little after Bansi repaired to the house of Dhulia Chaukidar with a lohangi (iron-shod stick), and gave several blows with it to Dhoolia and his father Kishna, who had arrived there in the meanwhile. THEn came Ratna, who if another son of Mohana, also with a lohangi, and inflicted injuries with it on Dhoolia and Kishna. Lastly came Lalia, another son of Mohana, with a pharsi, and when Mst. Bhonri, wife of Kishna, came there, raising an alarm to save her husband Kishna and her son Dhoolia, she was struck with the pharsi on her head and chest by Lalia, as a result of which she fell down on the ground, THEreafter, cms Mst. Rambha, the wife of Mohana, on the scene, and twisted the neck of Mst. Bhonri by means of hair, and sat on her breast, and struck her with a stone. Mst. Bhonri became unconscious, and all the accused left the place. Lalia, who was the last to fly, was seen running from the place by Mohan S/o Ram Kishan, who snatched away the pharsi from his hand. Amra Chamar with Daulata P. W. 4 proceeded to the police station Kariya Hat the evening to make a report. THEy were, however, told that the report would be recorded when the injured woman would be brought to the police station. THEy, therefore, came back, and reaching village Tailni next morning found Mst. Bhonri dead. In the company of Gorilal, Daulata again went to the police station, where first information report was got recorded by Gorilal at about 5 P. M. It was mentioned in the report that Mst Bhonri had been murdered by the four accused in the company of some others by means of lohangi and gandasa. This at last roused the police to action, and investigation started. Pharsi which is alleged to have been in the possession of Lalia at the time of the occurrence, was seized by the police, as also a piece of stone with which Mst. Rambha is said to have struck Mst. Bhonri. THE clothes of the injured were also seized. Dhoolia and Kishna were subjected to medical examination and the dead body of Mst. Bhonri to post mortem examination. THE case was challan-ed under sec. 302 read with sec. 109 of the Indian Penal Code in the court of the Sub-Divisional Magistrate, Chhabra against Ratna, Bansi, Lalia, Mst. Rambha, Mohana and one Raghunath. Raghunath was. however, discharged by the Committing Magistrate, and the remaining accused were committed to stand their trial before the Additional Sessions Judge, Baran - Ratna, Bansi, Lalia, and Mst. Rambha under secs. 325 and 148 of the Indian Penal Code, and Mohana under secs. 325/109 and 148 of the same Code. THE learned Additional Sessions Judge amended the charge-sheet, and charged Lalia and Mst. Rambha under sec. 304 instead of sec. 325, and Mohana under sec. 304 read with sec. 109.