DEWJI MOTI BHIL Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by two persons (1) Deoji son of Moti and his son (2) Gobriya s/o Deoji both of whom have been convicted on the charge of murdering one Nurjia, on 14-1-1952 and sentenced to suffer rigorous imprisonment for life and to pay a fine of Re. 1/- only.

(2.) THE facts of the prosecution case are as follows: About a week before the date of occurrence, the deceased Nurjia and his friends beat one Mathuri, the wife of appellant No. 1 and the mother of appellant No. 2. This, it is alleged, created bad blood between the deceased and the appellants and constituted a motive for the crime. On 14-1-1952 the appellants and certain other persons including the deceased Nurjia had been to Zaknawada to make their weekly purchases. There all of them drank liquor before they returned in the evening. The appellants started ahead accompanied by one Kodriya and it is alleged that in the way they concealed themselves behind a temple of Shri Hanuman and lay in wait for Nurjia to arrive. When he reached the place the appellants and Kodriya beat him with stone and sticks. Several injuries were caused to Nurjia and as a result thereof he succumbed on the spot.

(3.) P. W. 5 Datiya, a friend and a companion of the deceased, informed Raichand, Nurjia's father who on going to the spot found his son dead. The First Information Report of the occurrence was lodged at about 2 a. m. on the morning of 15-1-1952 by Raichand. The appellants and Kodriya were arrested and after the investigation was complete, were put up for trial. The accused Kodriya was discharged by the committing Magistrate as no prima facie case was made out against him, whereas the appellants were committed to the Sessions Court for standing their trial. The learned Sessions Judge, Ratlam, found the accused guilty Under Section 302, IPC and sentenced them both as stated above.