RAIDANIA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Raidania against his conviction under sec. 304 of the Indian Penal Code by the Sessions Judge of Bhilwara.

(2.) THE prosecution story was briefly this: Sundaria, Gokalia and Raidania accused are said to have escaped from the Banera Jail while Fozia and Sobatia accused are said to have absconded from the Pandera settlement for Kanjars. Consequently Kalyan Singh, Sub-Inspector, deputed a party of certain Kanjars of the settlement, under the leadership of constable Alladin, for the arrest of these persons. This party set out in search of the absconders on the 19th December, 1949. THEy found these five accused and one Tufania near a well in the jungle of village Borkera on the 20th December, 1949. THE statement of Alladin constable is that five of these persons were sleeping, while the sixth Sobatia was standing guard with a gun in his hand. Immediately, on seeing the constable and his companions, Sobatia woke up the others, and they started running away. Alladin and his party gave chase to these six persons. Soon after the chase began the gun was taken by Raidania appellant from the hands of Sobatia. THE chase lasted for some miles. During the chase, the six persons went behind a sugarcane field. THE sugar-canes in this field were more than a man's height, and therefore these persons were not visible to the chasing party. Hastia, who was one of the members of the chasing party, was a little in advance of others. A shot was heard from behind the sugar-cane field, which injured Hastia who died immediately. THEreafter, the six persons again started running away, and the gun was seen in the hands of Raidania. Eventually three of these persons namely Sundaria. , Gokalia and Fozia were arrested, while the remaining three, namely Raidania, Sobatia and Tufania escaped. Later on, however, Raidania and Sobatia were also arrested, while Tufania is still said to be absconding. THE above five persons were put up for trial for the murder of Hastia. Raidania was charged under sec. 302, while the other four were charged under sec. 302 read with sec. 34 of the Indian Penal Code. THE learned Sessions Judge acquitted the other four persons holding that no common intention had been established between them, and no case of abetment had been made against them. He, however, convicted Raidania under sec. 304 I. P. C. , and sentenced him to ten years' rigorous imprisonment, and a small fine.