SALEBHAI KADARALI Vs. EMPEROR

JUDGEMENT

(1.) THE appellant Salebhai, Bohra, 30 years, has been convicted and sentenced to death by the First Additional Sessions Judge, Yeotmal, for having caused the death of Bhilya, Banjari, with a knife during the evening of 14th June 1916 at Khekadi, Darwa taluq, Yeotmal district. With this appeal will be considered the reference made under Section 374, Criminal P.C. for the confirmation of the death sentence.

(2.) THE prosecution case was, briefly stated, as follows: On the evening in question while Bhilya was sitting with Thawrya (P.W. 5) in the open space in front of the former's house, the appellant arrived muttering, asked Bhilya why ho had spoken of him adversely to his father Kadar Ali and attacked him with a stick on the loft shoulder and the head. When Bhilya was about to stand up, the appellant plunged a knife into his abdomen and ran away. Bhilya made his way to Kadar Ali's house and apprised him of what his son had done to him.

(3.) BHILYA was then sent to Yeotmal hospital where his second dying declaration (EX. P-13) was recorded by Mr. Abdul Aziz Khan (P.W. 2), Second Class Magistrate, after Mr. L.B. Belkhode, Assistant Surgeon, had certified that he was in a fit mental condition to make a statement. Bhilya had, in both dying declarations, charged the appellant with having beaten him with a stick and plunged a knife into his abdomen.