'Then 'Learned Counsel for the prisoner opened his case, and told us that the Defence was based on' provocation, provocation on October 14. Now, up to that statement by learned Counsel for the accused, and up to the evidence of the accused himself, nothing had been said or heard of any provocation on October 14, The confessions made by the accused had re~ ference to incidents on October 11 and 12 but in those confessions nothing was said, an the learned 'Crown Advocate' has pointed out to you, about any provocation on the morn: ing of the 14th, The first witness for the Defence was the accused himself. He told you that on October 14 he left home at 3 o'clock in the morn and went to the Station, where took a bath,*and then went into the Gurdwara," He proceeded home at 430 am, and found his wife wee ing. His wife said that, during hi absence of: an hour and a half, Bawa had been to the house, and had awakened her. She told Bawa to eave or she would blow her whistle, and thereupon Bawa left, The 0 cused said that on hearing this story from his wife, he became angry and returned to the Station to report to the Havildar, whose room was close to the bathroom. He caw a light in the bathroom, and Bawa Singh was there. He went into the bathroom and asked Bawa Singh why he had been to his house and insulted his wife, Bawa Singh said that this was not the first time he had been to the accused's house—he had been there many times before. 'The accused th according to his story, got. Int passion, saw a chopper on the table, took it' up, and struck Bawa with it, and he said again that his intention was 40 burt, but not to ill, "You will remember my direction on the Jaw that an intention to hurt with a weapon which is intrinsically kely kdl! is murder—is a form of mallee which is a necessary ingredient in the crime of murder, The accused was asked in cross-examination, why he had not included this incident of the early hour of October 14 In the confession which he made on. that date, and he explained that he didn't 480 include it because he was ashamed of it, In answer to a question from me he said that the "presence of Bawa in his house at that hour was quite sume lent insult, Well, Gentlemen, there ig a certain amount to be sald'for that—the presence of a man in anybody's house, at that hour
arouse justifiable indignation," but the morning, would be sum cient, te whether it would be sulflclent provocation {0 lead to an act such as the accused aid, 4s a matter of law on which I shall direct you shortly, His wife corroborated the accused's story, ut, in' eross-examination, she gave evidence which tended to show that the story told in the husband's confession Was not entirely true,
Text read from the printed page and cleaned; old type leaves the occasional error.