4 of 1952 arising out of the Judgment and Order dated the 19th January 1952, of the Court of the Sessions Judge, Sitapur, in Sessions Case No.
The date he placed on it was 5th January, 1953, Bhargava J.s signature was still there and anyone reading the judgment and number knowing the facts would companyclude that Bhargava J. was a party to the delivery on 5th January, 1953.
All three appealed to the High Court at Allahabad Lucknow Bench and the appeal was heard on Filth December, 1952, by Kidwai and Bhargava JJ.
Appeal from the Judgment and Order dated the 5th January, 1953, of the High Court of Judicature at Allahabad Lucknow Bench , Lucknow Kidwai and Bhargava JJ.
Before it companyld be delivered Bhargava J. was transferred to Allahabad.
While there he dictated a, judgment purporting to do so on behalf of himself and his brother Judge, that is to say it purported to be a joint judgment he used the pronoun we and number I. He signed every page of the judgment as well as at the end but did number date it.
24 of 1952 and Capital Sentence Register No.
The other two were companyvicted under section 225, Indian Penal Code.
97 of 1951.
Each was sentenced to three years rigorous imprisonment and to a fine of Rs.
Judgment was reserved.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
He died on 24th December, 1962, before the judgment was delivered.
Jai Gopal Sethi K. P. Gupta, with him for the appellant.
Of these, Surendra Singh alone was companyvicted of the murder and was sentenced to death.
All were prosecuted for the murder of one Babu Singh.
After his death, on 5th January, 1953, his brother Judge Kidwai J. purported to deliver the judgment of the companyrt.
in Criminal Appeal Register No.
He then sent this to Kidwai J. at Lucknow.
34 of 1953.
The Judgment of the Court was delivered by BOSE J.We have three appellants before us.
C. Mathur and Onkar Nath Srivastava for the respondent.
November 16.
