Decided on May 08,1979

BAKSHI RAM Respondents


T.R.HANDA,J. - (1.) This appeal is directed against the order of acquittal recorded by the Sessions Judge, Bilaspur on 8 -4 -1974 in Sessions Trial No. 17 -B/7 of 1972 whereby he acquitted the respondent herein, of the charge under section 302 I. P. Q.
(2.) This case relates to the murder of Smt. Darshanu wife of Shri Khiali Ram (PW) alleged to have been committed in village Bandhokhar, Tehsil Bilaspur, in the evening of 8 -1 -1972. The prosecution case as revealed from the evidence recorded during the course of trial is that Smt. Darshanu deceased at the time of the occurrence was working in the court -yard of her cattle shed near her residential house when P. W. 8 Smt. Shiv Dei and P. W. 9 Smt. Banti who are her daughters -in -law reached that cattle shed with their respective loads of grass which they had cut from a grass field known as Khilli Ruta located in the same village. Bakshi Ram respondent along with Sarvshri Santa, Nandu, Sham Lai, Dhani Ram and seven ladies, namely, Smt Ajudhya wife of Santa, Ajudhya wife of Nathu, Mahanti wife of Bakshi Ram, Kaili wife of Chandu, Bohatu wife of Kishan Dayal, Ram Dei wife of Nandu and Reshmu wife of Gobind also reached there and these persons questioned also why P. Ws. Shiv Dei and Banti had cut grass from the aforesaid Khilli Ruta which these persons claimed as their exclusive property. Smt. Darshanu deceased on that retorted that the aforesaid Khilli Ruta was a common property of the parties in which she too had a right to cut grass and that none could stop her from doing so.
(3.) This altercation was followed by the exchange of abuses between the aforesaid parties. Bakshi Ram respondent at that time was carrying a Dun la in his hand while his other associates were carrying stones. Enraged by the abuses which were being exchanged. Bakshi Ram respondent aimed a Danda blow on P. W. Shiv Dei who, however, managed to avoid the same by jumping down the Danda. Bakshi Ram respondent then inflicted another Danda blow which struck against the head of Smt. Darshanu who as a result thereof fell down unconscious on the ground and soon after expired. The other associates of Bakshi Ram respondent hurled stones at the three ladies, namely, Smt. Darshanu and her two daughters -in -law P. Ws. Shiv Dei and Banti.;

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