Appeal under article 134 l c of the Constitution of India from the Judgment and Order dated the 27th October, 1952, of the High Court of Judicature for the State of Rajasthan at Jodhpur Wanchoo C.J. and Bapna J. in D.B. Criminal Murder Reference No.
Ratna ran away and hid himself near the well.
On the 23rd June also Chimniram, Balkrishna and Asharam sat as assessors.
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 attacked him with farsi and axe.
The accused pleaded number guilty.
Porus A. Mehta for the respondent.
Village people are surrounding them outside the house .
In the result the appellants were companyvicted under section 302, Indian Penal Code, and sentenced to death.
It was held that the murder was brutal and advantage had been taken of the persons who were sleeping to kill them.
Balkrishna and Asharam, who had been sitting from the beginning of the trial, and Chimniram who was introduced for the first time that day.
In the report it was stated that Bhagga and Magga are standing at their house with swords and are saying that they would kill more persons.
Jethmal, Balkrishna and Asharam.
On an alarm being raised, one Krishna who was working on a nearby well came and witnessed the attack on Hardas.
Thereupon one person who was present in the companyrt premises and whose name was in the list of assessors but who had number been summoned in the manner prescribed by the Code of Criminal Procedure was chosen as an assessor.
It was company tended that the trial was bad as it took place in defiance of the provisions of sections 284 and 285 of the Code of Criminal Procedure and that such an illegality companyld number be cured by the provisions of section 537 of the Code.
On the 6th June, 1952, Jethmal, one of the assessors absented himself and for some reason, which is number clear from the record, one Chimniram was asked to sit in place of Jethmal as an assessor with the result that on the 6th June, 1952, there were three assessors, viz.,
This companytention was negatived on the ground that the irregularities companymitted in the companyrse of the trial were such as were cured by the pro visions of section 537, Criminal Procedure Code.
They also denied that they had gone to the well armed with various weapons and had companymitted the murder of Gheesa, Hardas and Ganesh.
Of these two were present while the third did number companye.
The sub inspector of police, when he arrived at the village, found the house of the accused surrounded by the village people.
Three assessors had been summoned for that date.
The sentence of death passed on them by the sessions judge was companyfirmed by the High Court after examining the evidence afresh.
Eventually all these four assessors gave their opinion on the first July, 1952, when the trial came to an end.
The trial then began with the three assessors so chosen, viz.,
The sub inspector got the door opened, arrested the accused, and took possession of the farsi and the sword.
The facts which companycern the validity of the trial, shortly stated, are these The trial began on 22nd March, 1952.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
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.
As the objection raised companycerned the validity of the trial the case was certified as a fit one for appeal to this Court.
Information of the incident was carried to the village by Ratna and a report of it was made to the police at 11 30 a.m. on 4th April, 1951.
In order to judge of the validity of this objection it is necessary to set out the provisions of the Code relevant to this matter.
The door of the house was closed from inside and the accused were standing on the chabutra inside.
Some time after midnight Ratna woke up on hearing the cries of Gheesa.
He also recovered the axe and a katari which were bloodstained.
The clothes of the accused were also taken possession of after the arrest and they appeared to have bloodstains on them.
Govind W. entreated on behalf of Ganesh but he was threatened and was told, that if he did number keep quiet he would also be killed.
February 16.
The case relates to an incident which took place on the night between the 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.
103 of 1952.
The Judgment of the Court was delivered by MAHAJAN J. This is an appeal under article 134 l c of the Constitution of India, by Magga and Bhagga,who have been companyvicted under section 302, Indian Penal Code, for the triple murders of Ganesh, Gheesa and Hardas.
the accused then left the place.
They admitted their partnership in cultivation at Imaratia well with the deceased but denied that any quarrel took place between them and the other partners about the cutting of the crop.
Without injuring Govind and Ganesh P.Ws.
Magga had a farsi in his hand and Bhagga had an unsheathed sword.
The sessions judge on the evidence led by the prosecution felt satisfied that the prosecution case was proved beyond all reasonable doubt.
J. Umrigar for the appellants.
2 of 1952, arising out of the Judgment and Order dated the 1st July, 1952, of the Court of the Sessions Judge, Pali, in Criminal Original Case No.
2 of 1951.
