MOHRU Vs. STATE

JUDGEMENT

(1.) THE appellant Mohru has filed this appeal against the judgment of the learned Sessions Judge, Bharatpur dated 24th April, 1972, whereby the appellant has been convicted for an offence under Section 302 IPC. and sentenced to imprisonment for life.

(2.) THE prosecution case is as follows: On 14th May, 1971 Mohru with his two companions Bhogi Kachchi and Amarsingh Kachchi came to the house of Jagannath at about 6 P.M. Mohru was armed with a sword, whereas the other two persons had 'barchhi' and 'kulhari'. PW/6 Ram Baboo was anteing outside the house of Jagannath. It is alleged that Mohru threatened Jagannath to kill him because the latter had named the former to Head Cons -table as one of the gamblers of that area. On hearing this threat, Jagannath did not speak out anything. Mst. Kanta, who was the neighbor of Jagannath was standing outside her house. The allegations made by Mohru against Jagannath were, however, contradicted by Mst. Kanta and she staged that it was absolutely a wrong information that Mohru's name was enrolled as a gambler by the Head Constable. On hearing this answer from Mst. Kanta, Mohru directed himself towards her and extended a threat to kill her Where. upon Mst. Kanta retorted:

(3.) THE sword was sent for the chemical examination, but it was found negative for blood. After the investigation, a challan was put up against Mohru under Section 302 I.P.C. in the court of Munsiff Magistrate, Bayana, who after taking committal proceedings, commuted Mohru to the Court of Sessions to stand his trial for the said offence.