In the proceedings with respect to the murder of Bhagwan Singh, he framed one charge against both the accused Banwari and Ram Charan, for an offence under s. 302 read with s. 34, Indian Penal Code.
Banwari again fired a shot at him.
Ultimately be companymitted both the accused for trial to the Sessions Court in each of the cases.
S. R. Chari, O. P. Rana and K. K. Sinha.
37 and 38 of .60 .
for the appellants.
The village people pursued the two appellants and Banwari fired at them.
He shall be.
The police, after enquiry, sent up three charge sheets under a. 173, Code of Criminal Procedure.
Appeal by special leave from the judgment and order dated December 8, 1960 of the Allahabad High Court in Criminal Appeal No.
Banwari said he was going to shoot crocodiles in the river.
Banwari accused stands charged under section 302 Indian Penal Code for having companymitted the murders of Lakhan Singh and Bhagwan Singh and also under section 307 Indian Penal Code for having made an attempt to kill Narayan Singh on 12th November, 1959, in village Boorhadana, police station Dibiapur.
In the case with respect to the murder of Lakhan Singh, the Magistrate framed one charge under a. 302, Indian Penal Code, against Banwari and another charge against Ram Charan for an offence under s. 302 read with s. 34, Indian Penal Code.
He further fired two more shots, Bhagwan Singh died.
When Bhagwan Singh turned towards south, Banwari fired a shot at him, Bhagwan Singh sat down.
In his order at the end of the judgment the learned Additional Sessions Judge said Banwari accused is found guilty under section 302 of the Indian Penal Code for the murder of Lakhan Singh and is companyvicted and sentenced to death.
C. Mathur and C. P. Lal, for the respondent.
The High Court companysidered the case proved against the appellants and dismissed their appeal.
Bhagwan Singh questioned Banwari as to where he was going.
In the proceedings of the Court dated July 18, 1960 the learned Sessions Judge numbered The amended charge was read out in Court and explained to the prisoner section 271, Criminal Procedure Code who pleads number guilty.
The Magistrate registered three cases, one with respect to the murder of Lakhan Singh, another with respect to the murder of Bhagwan Singh and the third with respect to the offence under s. 307 Indian Penal Code, for shooting at Babu Singh and Naravan Singh.
The criminal appeal filed by the appellants in the High Court perported to be an appeal against the order of the Sessions Judge in Criminal Sessions Trial Nos.
The S.T 37/60 and 38/60 are companysolidated with the case and evidence is recorded in the present case under section 234 Cr P.C. The L.D.G.C. opened his case and examined the following witnesses.
February 14.
One report was lodged at the Police Station with respect to these incidents.
The Judgment of the companyrt was delivered by RAGHUBAR DAYAL, J. Banwari and Ram Charan appeal, by special leave, against the order of the Allahabad High Court, dismissing their appeal and companyfirming their companyviction by the 11 Additional Sessions Judge, Etawah.
34, 37 and 38 of 1960, in which both Banwari and Ram Charan figure as accused persons, were beard together and are being disposed of by on ,, judgment.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Banwari replied that he was going for shooting birds.
Lakfian Singh turned back.
1517 of 1960 and Referred No.
34, 37 and 38 of 1960 were registered on the basis of those three companymittal orders.
He along with Ram Charan has further been charged under section 302 read with 34 and 307 read with 34 of the Indian Penal Code for having in furtherance of their companymon intention companymitted the above murders and made an attempt to kill Narayan Singh.
Lakhan Singh fell down and died.
Sessions Trials Nos.
34, 37 and 38 of 60 and the grounds taken in the appeal were that the companyviction was against the weight of evidence on the record, that numberoffence was made out from the evidence of the prosecution witnesses and that the sentence was too severe.
He fired at Babu Singh, but hit Narayan Singh.
Ram Charan was companyvicted of the same three offenses read with s.34, Indian Penal Code.
Banwari and Ram Charan, thereafter, proceeded south wards and at a distance of about six or seven furlongs, met Bhagwan Singh, who was grazing his cattle.
80 of 1961.
Banwari was company victed of the offenses under s. 302 Indian Penal Code for companymitting the murder of Lakhan Singh and Bhagwan Singh and also for an offence under s. 307 Indian Penal Code, for having attempted to Commit the murder of Babu Singh.
Banwari fired two shots at Lakhan Singh.
104 of 1960.
He is further found guil ty under section 302 of the Indian Penal Code for the murder of Bhagwan Singh and is company victed and sentenced to death for this inci dent also.
Bhagwan Singh said there were numbercrocodiles in the river and asked Banwari to go back and look to his work.
The facts leading to the appeal are these, Banwari, a Lodh by caste, and Ram Charan, armed with a gun and axe respectively, passed the field of Lakhan Singh, Lakhan Singh asked Banwari as to where he was going.
