Decided on August 12,1955

Dohariya Appellant
STATE Respondents


Samvatsar, J. - (1.) THE accused Dohariya is convicted of an offence under Section 302, I. P. C. and sentenced to transportation for life by the Sessions Judge, Ratlam , Aggrieved by his conviction and sentence, he has preferred this appeal.
(2.) THE accused Dohariya and the deceased Pahadsingh were residents of the village Ojhad, Tehsil Aliraipur. There were disputes between them regarding some land and litigation was going on between them for this land before the Revenue Courts. The relations of these two persons were naturally very much strained. On 14 -1 -1954 the deceased Pahadsingh went to the house of the accused and threatened to beat him and his mother. The mother ran away out of fear, but it is alleged that the accused hit back with an axe and caused to Pahadsingh an incised wound 7"x2"x4" starting from 1/2" in front of the light ear (E. A. M.) to point 6" above the bridge of nose in frontal area. Pahadsingh died on the spot on account of external haemorrhage and shock.
(3.) ONE Dasam Bhilala lodged the First Information Report Ex. P/1 at about 4 p.m. on 15 -1 -1954 at the Palpur police station which is at a distance of six miles from Ojhad. The accused also lodged a report Ex. P/8 at the Alirajpur Police Station which is 16 miles from Ojhad on 15 -1 -1954 at 7.45 p.m.;

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