CHINTAMAN RAI Vs. EMPEROR

JUDGEMENT

(1.) The appellant, Chintaman Rai, has been convicted under Section 302, Penal Code, and sentenced to transportation for life. The appellants, Sheuji Rai and Ramsarekh Rai, have been convicted under Section 214 of the Code, and sentenced to pay fines of Rs. 200 each, or in default, to suffer six months rigorous imprisonment each. Pour other persons, who were also on trial upon the charge under Section 214 have been acquitted.

(2.) The prosecution case, very briefly stated, is as follows. The appellant, Chintaman Rai, who is one of the cosharer landlords of village Bharthua, had an illicit intrigue with a Maho-medan girl named Khodaija living in Ali nagar tola, situated about a mile from the main village of Bharthua. On the evening of 20th January 1944, Chintaman went to the village to visit the lady. He passed by a house in which lived a boy of 15, Abdul Rahman, who has been killed, his brother Mahmud who was the first informant, and his mother, Mt. Haliman. As he passed, at about 9 P. M" Chintaman heard Haliman making certain disparaging remarks about the landlords. He took exception to this; and beat the woman. He then went on to Khodaija's house. Abdul Rahman and his mother decided to go to one of the other landlords, Kishori Rai, and make a complaint regarding Chintaman?s conduct. Just after they had set out, however, Chinta-man appeared, and told them they must not go. Tney persisted in going, whereupon Chinta-man called out to one Majrul, brother of the girl Khodaija, to bring his sword-stick (gupti). This was done, and Chintaman then beat Mt. Haliman with the sword-stick in its scabbard, and she fell down. This incensed the boy Abdul Rahman, who said he would not tolerate these assaults on his mother and rushed up abusing Chintaman, whereupon Chintaman drew his weapon from the scabbard and struck Rahman in the left side of the breast, inflicting a wound 6 1/2 inches deep and penetrating the spleen and the stomach. Rahman was taken into his house, and during the night his condition became bad. His brother, Mahmud, was making arrangements to take him to the police station Katra, 13 or 14 miles distant, in the morning, when the appellants Sheuji Rai and Ramsarekh Rai, and others of the village landlords, who have been acquitted, came up and tried to prevent the matter being reported at the thana, ,by offering a bribe of two kathas of land and a sum of Rs. 10. By noon, however, Rahman's condition had become very bad, and the landlords went off. Mahmud then started for the thana, but at Maulanagar, one mile upon his way, Rahman died. His dead body was taken back home, and Mahmud then proceeded to the police station and lodged information at about 9 P.M.

(3.) I do not propose to deal at all with the evidence and the facts as regards Chintaman Rai, and I also consider it unnecessary to set out or to deal with his defence, because for a reason which I shall presently give, the conviction will have to be set aside and a retrial must be ordered.