Judgement

Mahajan J.- This is an appeal under Art. 134 (1) (c) of the Constitution of India, by Magga and Bhagga, who have been convicted under S. 302, Penal Code for the triple murders of Ganesh. Gheesa and Hardas.

2. The case relates to an incident which took place on the night between 3rd and 4th April 1951. Gheesa and Ganesh deceased, Ratna, Govind, another Ganesh, who is a witness in the case, and Hardas had gone to "Imaratia" a well in village Gadwara on that night to keep watch over the crops there. Gheesa slept in one shed near the well, while Hardas slept in another shed some distance away, and Ratna slept in a third shed near the entrance gate. Ganesh, deceased, Ganesh (P.W.), and Govind slept on the threshing floor further away from the well. Some time after midnight Ratna woke up on hearing the cries of Gheesa. It is alleged that he then saw the two accused beating Gheesa, accused Magga having in his hand a farsi and accused Bhagga having a katari and an axe. Hardas, who woke up on hearing the cries, rushed to the aid of Gheesa and thereupon the two accused, Magga and Bhagga, fell upon him and attracted him with farsi and axe. Ratna ran away and hide himself near the well