STATE Vs. BISHNA

JUDGEMENT

(1.) THIS is an appeal under sec. 417 of the Criminal Procedure Code filed on behalf of the Government against the judgment of the Additional Sessions Judge, Gangapur, dated the 31st March 1951, by which Bishna, who was charged with an offence under sec. 302 I. P. C. was acquitted.

(2.) THE facts of the case are that Nanga wanted to marry and in this connection he negotiated with Bishna and it was settled between them that on payment of Rs. 500/-Bishna would find a girl for him. In furtherance of this object, on the 4th of May 1950 Nanga came to Akrond where Bishna resided. That evening there was Ramlila performance in the village and after the show was over Nanga, Bishna, Kajor and Moolchand started for the temple of Khakhdar along with Mst. Gulbi. Gulbi had consented to be given in marriage to Nanga and she accompanied for the very same purpose. THE party reached the temple at Khakhdar at about midnight and Nanga gave Rs. 300/- to Bishna and kept back Rs. 200/- with him saying that if any dispute arose regarding the marriage he may have to spend the remaining amount to defend himself. Bishna wanted the full amount of Rs. 500/- as promised earlier. Upon this difference between Nanga and Bishna having arisen Bishna hit Nanga on his neck with a pharsi causing his death. THE dead body of Nanga was thrown in a nearby well and his kara, kanagati, Murki and turban, which he was wearing at that time were taken by the accused. It is said, Gulbi having seen this occurrence ran away from the spot but she was warned by Kajor that if she would relate this incident to some one she would be beaten. Gulbi then kept silent and did not inform anybody about this occurrence. THE next "morning Kajor and Johri Patel lodged an information with the police to the effect that during the night: a buffalo was stolen and as Kajor and the chaukidar were following the footprints of the thieves when they came across a pool of blood and a blood-stained Dhoti near the temple at Khakhdar. Lilaram Head Constable having received this report went on the spot and started investigation. From the well nearby he recovered a dead body which was later identified to be that of Nanga by Ramsahai, on the basis of the identity of the clothes which were found on the dead body. Ram Sahai could not see the dead body himself and at Akrond no one was found who knew the deceased. THE body was therefore disposed of after post-mortem examination without identification but subsequently the clothes of the deceased which were found on the dead body were identified and it was found that the dead body was that of Nanga. Bishna was arrested on the 8th of May in connection with the murder of Nanga and from information received from him the police recovered a kanagti, murki, kara and a turban from his house which the deceased was wearing on the day when he was last seen at Akrond. THEse articles were found buried in a heap of chaff in the house of Bishna from where the police recovered them. THE police chalaned Bishna, Kajor, Moolchand and Sheochand under sec. 302 I. P. C. but all except Bishna were discharged by the committing Magistrate. Bishna was committed to the Court of Sessions to stand a trial of the offence under sec. 302 I. P. C. but he was also acquitted.

(3.) IT will be noticed that the definition of "accomplice" in Jagannath vs. Emperor (6) (A. I R. 1941 Oudh 563.) does not agree with the view expressed in Emperor vs. Kallu (5 ).