Decided on November 21,1955

STATE Appellant


Wanchoo, C.J. - (1.) This is an appeal by the State against the acquittal of Bherumal and Babulal of an offence Section 302. I. P. C. by the Additional Sessions Judge of Sirohi.
(2.) The case for the prosecution was briefly this. Foujmal deceased was a young man of about 19 years of age, and used to live in village Mandar. Roopchand P. W. was a relation of Foujmal. This Roopchand had a brother Manilal who wag also a young man. Babulal accused is of the same caste as the deceased, and is the son of Amichand who was also an accused in this case, but has been acquitted. . Babulal's mother had a sister Rohni Bai, Her parents are dead, and she used to live with her brother-in-law Amichand, and is still living with him. It is said that she fell in love with Manilal but Manilal's family was not in favour of the marriage of Rohni Bai with Manilal. It is also said that Manilal himself was not keen on marrying Rohni Bai. She was however, so keen in the matter that she offered 'Dharna' for some time at the house of Manilal's family. Even this however did not move the members of Manual's family, and Rohni Bai's desire to marry Manilal did not bear fruit. In this connection, some pamphlets were also issued, and one such pamphlet is Ex. 11 which was recovered along with a large number of others from the house of. Amichand by the police on 8-2-1952. Anyhow, the result of all this action on the part of Rohm Bai was that there were strained relations between Amichand and members of Manilal's family. It is said that because of those strained relations Amichand wanted to take revenge, and used his son Babulal, and his neighbour Bherumal, who is also a young man, to murder Foujmal, a relation of Manilal. In order to do this, a sword was first purchased from Kapura Lohar of that very village sometime before 31-1-1952, on which date the murder took place.
(3.) With this back-ground let us look at the story as to what happened on 31-11952. It is said that on that day Bherumal accused took Foujmal deceased to a hillock known as 'liladhar-Ki-Bhankri' which is at a short distance from the Abadi of Mandar. Bherumal and Foujmal were seen going towards this hillock at about 3.30 P. M. After about an hour, say at about 4.30 P. M., Babulal and Bherumal were seen returning from that hillock to the village. At that time, their clothes and their hands were blood-stained. Chandanmal P. W. saw them on the way, and asked them how they had got those blood-stains. On this, they told Chandanmal that three Dakoos had come to the hillock and had caused injuries to Foujmal, and killed him and that those same persons had also caused injuries to the two of them, but they managed to escape. Thereafter these two accused went away to their house, while Chandanmal went to the Bazar where he met Roopchand and Genmal. He told them what he had seen, and what the two accused had told him regarding the killing of Foujmal. Thereupon, Roopchand and Genmal went straight to the police station which also happens to be in Mandar, and made a report. In this report, they said that Foujmal, Babulal and Bherumal had gone to the hillock to ease themselves, and Babulal and Bherumal had returned with bloodstains on them, and were saying that Foujmal had been murdered by three Dakoos, and that they had managed to escape with injuries.;

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