LILADHAR Vs. STATE

JUDGEMENT

(1.) THE appellant Liladhar in this case has been convicted by the Additional Sessions Judge, Dholpur under sec. 307 of the Indian Penal Code and sentenced to seven years' rigorous imprisonment and a fine of Rs. 400,- and to undergo six months' further rigorous imprisonment in default of payment of fine.

(2.) THE prosecution case against the appellant was that he and one Gyasi Brahmin were first cousins and residents of the same village Basaidang in Dholpur District. It was alleged that the appellant had his association with two persons namely Hema and Pati of the same village. Gyasi's son Gorey suspected Hema and Pati to be dacoits and, therefore he had advised the appellant not to associate with them. At this they got enraged with him and it is said, that the appellant had murdered Gorey and an enquiry into that alleged offence against the appellant is going on in the court of Extra Magistrate, Dholpur. THE present case against the appellant is that he was not content with Gorey's murder, but was further bent upon taking away Gyasi's life as well. On the 28th September, 1950 Gyasi left his village Basaidang, since he wanted to go to another village called Purani Chaoni. Five other persons namely P. W. 2 Babulal, P. W. 3 Parsa, P. W. 4 Shivlal, P. W. 5 Lajja Ram and one Nihal Singh were also in his company. When they proceeded about five miles from the said village and arrived at a place called Rate-e-khar, the appellant suddenly made his appearance from a ravine and challenged Gyasi saying that he had got him after a long time and he would not leave him alive. Gyasi thereupon, fled for his life. THE appellant chased him and fired at him thrice with a 12 bore gun but he missed his target and therefore, although he had aimed at Gyasi's murder, his action resulted only in an attempt to commit that offence. Gyasi went running to Patewari village where his companions other than Nihal Singh also arrived and joined him. Regarding Nihal Singh it is said that he ran away back to Basaidang when he saw the appellant firing at Gyasi. From Patewari P. W. 2, Babu Lal and P. W. 5 Lajja Ram proceeded to Dholpur while Gyasi Shiv Lal and Parsa went to Kesar Bagh. From that place Gyasi informed the police at Dholpur by phone about this occurrence. THE Circle Inspector, Dholpur who heard the call communicated it to P. W. 6 Girraj Prasad, Sub-Inspector, who was Station House Officer of Basaidang Police Station. Girraj Prasad then went in a truck to Kesar Bagh, contacted Gyasi and started investigation. He challaned the appellant under sec. 307 of the Indian Penal Code in the Court of the Magistrate First Class, Dholpur who committed the appellant to stand his trial in the court of the Additional Sessions Judge, Dholpur. Six witnesses were examined by the prosecution in that court. THE appellant had denied the whole occurrence in the committing Magistrate's court. He pleaded ignorance and innocence in the trial court as well, but the learned Additional Sessions Judge believed the prosecution story to be true and convicted and sentenced the appellant as mentioned above.

(3.) AS regards the evidence about the motive, we do not think it proper to express anything regarding the case which is already being enquired into the committing Magistrate's court about the alleged murder of Gorey by the appellant. It is only Gyasi's allegation that the appellant wanted to do away with him. The motive supplied by him may as well form the foundation for a false allegation. Gyasi has admitted in his cross-examination that the murder did not take place in his presence and that on that day he had gone to Bharatpur in a case of dacoity which was going on against him. This shows that Gyasi himself is not a witness of unimpeachable credit. He had not only suspicion but a serious grouse against the appellant and the trial court ought to have used his version with great caution.