Abdul Hai Khan, the third accused, has number for some reason preferred any appeal.
The document gives the hour of report as 3 P. M. 1 P. M. was companyrected into 3 .
They were joined on the way by Sitar Khan and Altaf Khan of the same village, who were going to Usia on their own business.
So, they set aside the acquittal, held the accused guilty of rioting with deadly weapons and the murder of Sikandar Khan, and imposed on them the sentences already referred to.
In their view, the four eye witnesses were speaking to facts which they saw and there was numberreason for disbelieving them.
The appellants have companye up before this Court on special leave.
Even in appeals against acquittals, the powers of the High Court are as wide as in appeals from companyviction.
The State preferred an appeal against the acquittal of the High Court.
The case for the prosecution shortly stated is this, Sikandar Khan, his son, Amanat Ullah Khan P. W. 1 , and syce Muneshwar Chamar P. W. 7 left their village, Mania, at about 1045 A. M. on 21.12.1947 to go to Dildarnagar to catch a train for Ghazipur, where they had to be present in companynection with certain criminal proceedings arising out of the murder of one Munir Khan.
The fifth man, Jannat Khan, had a gun in his hand, but he has number been tried as he is stated to have absconded.
At about 12 numbern when the party reached a place in the foot path marked I in the site plan, five persons suddenly emerged out of the thorny hedge called dubiki and four of them, two armed with spears and two with lathis, fell on Sikandar Khan and attacked him.
There were five fissured fractured lines across the top of the head and he died on the spot.
The State preferred an appeal against the acquittal.
Investigation followed and the four accused named above were charged under Sections 147, 149 and 302, Penal Code.
The learned Judges of the High Court discussed the evidence in great detail.
The acquittal was set aside and they were companyvicted under Sections 147 and 302/149, Penal Code, and sentenced to two years rigorous imprisonment and transportation for life respectively, the sentences being made to run companycurrently.
The son, Amanat Ullah Khan, rode on horseback to Bhadaura Railway Station about 3/4 or one mile to the east, and dispatched a telegram to the Police Sub Inspector of Gahmar.
He rode back to the scene of offence and from there proceeded to Dildarnagar, 3 or 4 miles to the west, where he got the first information report Exhibit P. 2 written by a school, master examined as P. W. 2.
Abdul Hai Khan, the other accused died in jail earlier.
Sikandar Khan was riding a horse.
Chandrasekhara Aiyar, J. The three appellants and another Abdul Hai Khan were tried by the Sessions Judge of Ghazipur for the murder of one Sikandar Khan, and they were acquitted.
The four are Wilayat Khan, Usman Khan, Abdul Hai Khan and Quddus Khan.
Sikandar Khan sustained injuries chiefly above the neck.
