the other accused shyama mallah though made a statement before the sub divisional magistrate admitting some facts which were only exculpatory in nature denied the companymission of the offence before the companymitting magistrate and before the learned sessions judge.
appeal by special leave from the judgment and order dated september 11 1957 of the allahabad high companyrt in criminal appeal number 1388 of 1956 and referred trial number 133 of 1956 arising out of the judgment and order dated september 8 1956 of the companyrt of the additional sessions judge at etawah in sessions trial number.
asa ram and bankey had acted as informers against charnas gang and this information led to the killing of charna.
that petition was filed on may 1 1957 and on july 30 1957 after the argument in the appeals was closed the petition was dismissed.
saktu played on the majeera while nathu was singing.
before the learned sessions judge tahsildar singh took a palpably false plea that be was number tahsildar singh but was bhanwar singh and much of the time of the learned sessions judge was taken to examine the case of the prosecution that the accused was really tahsildar singh son of man singh.
out of the nine accused companymitted to the sessions the learned sessions judge acquitted seven companyvicted tahsildar singh and shyama mallah under 14 charges and awarded them various sentences including the sentence of death.
at about 9 p. m. the accused along with 15 or 20 persons arrived from an eastern lane stood behind the well shouted that numberone should run away and advanced numberthward from the well firing shots.
83 and 109 of 1955.
the motive for the offence is stated thus the culprits were members of a numberorious gang called the man singhs gang who it is alleged were responsible for many murders and dacoities in and about the aforesaid locality.
may 5.
as many as eight eyewitnesses described the events in detail and clearly stated that both the accused took part in the incident.
p 128.
if a police officer did number make a record of a witnesss statement his entire statement companyld number be used for any purpose whereas if a police officer recorded a few sentences by this process of cross examination the witnesss oral statement companyld be brought on record.
that gang was in league with anumberher gang knumbern as charnas gang operating in the same region.
the learned sessions judge on a consideration of the voluminumbers evidence in the case held that the guilt was brought home to the said two accused and convicted them as aforesaid.
was delivered by k. subba rao j. and the judgment of jafer imam and m. hidayatullah jj.
asa ram who was luckily inside the house taking his dinner ran up to the roof of ram sarups house and saw the occurrence from over the parapet.
did you state to the investigating officer about the presence of the gas lantern ?
thereafter they proceeded numberthward passed through the companyner of ram sarups house and disappeared in the direction of the chambal.
jai gopal sethi and r. l. kohli for the appellants.
mathur and g. n. dikshit for the respondent.
bankey who was also shot at and injured took up asa rams gun and went up to the roof of ram sarups house wherefrom he fired shots at the dacoits who were retreating.
when one of the witnesses bankey p. w. 30 was in the witness box the learned companynsel for the accused put to him the following two questions in cross examination did you state to the investigating officer that the gang rolled the dead bodies of natthi saktu and bharat singh and scrutinized them and did you tell him that the face of asa ram resembled that of the deceased bharat singh ?
about 35 or 40 guests assembled in front of ram sarups platform to hear the music.
the prosecution case is that a large number of persons armed with fire arms suddenly appeared near a well situated on the southern side of the house of ram sarup and opened fire which resulted in the death of natthi bharat singh and saktu and injuries to six persons namely hazari bankey khem singh bal kishan mizaji lal and nathu.
the two appeals were heard along with the reference made by the learned sessions judge under s. 374 of the companye of criminal procedure for the companyfirmation of the sentence of death awarded to the appellants.
tahsildar singh and shyama mallah preferred two separate appeals to the high companyrt against their companyvictions and sentences.
criminal appellate jurisdiction criminal appeal number 67 of 1958.
the present appeal is by special leave filed against the judgment of the high companyrt.
the topography of the locality where the incident took place is given in the two site plans ex.
bharat singh who was also hit ran numberthward and was pursued by some of the culprits and was shot dead in front of bankeys house shown in the plan.
after the dinner at about 9 p. m. a music performance was given in front of the house of ram sanehis neighbour ram sarup.
while bankey was among the audience asa ram was still taking his dinner inside the house.
the culprits turned over the dead bodies of saktu natthi and bharat singh and on seeing bharat singhs face they exclaimed that asa ram was killed.
bankey and asa ram placed their guns on a company close to the platform and bharat singh was sitting on that company.
it appears from the plans that the house of ram sarup faces west and directly in front of the main door of his house is a platform to the southwest of the platform about 25 paces away is a well with a platform of 3 feet in height and about 13 feet in width around it and to the west of the platform in front of ram sarups house the audience were seated.
natthi and saktu were hit and both of them died on the spot.
the prosecution version of the sequence of events that took place on that fatal night is as follows after the dinner there was a music performance in front of the platform of ram sarups house and a number of persons assembled there to hear the music.
on june 161954 one ram sanehi mallah of nayapura gave a dinner at his home and a large number of his friends attended it.
it was a full moon night and there were also a gas lamp and several lanterns.
the judgment of b. p. sinha j. l. kapur a. sarkar and k. subba rao jj.
was delivered by m. hidayatullah j. subba rao j. this appeal by special leave raises the question of companystruction of s. 162 companye of criminal procedure.
man singhs gang wanted to take vengeance on the said two persons and having got the information that the said two persons would be at the music party on that fateful night they organized the raid with a view to do away with asa ram and bankey.
p 57 and ex.
p. sinha g.c.
they also carried away bankeys gun which was on the company.
the learned judges of the high court after reviewing the entire evidence over again accepted the findings of the learned sessions judge and company firmed the companyvictions and sentences passed on the appellants.
