The prosecution story is that Lalman and Thanni, the two murdered persons, were brothers and belonged to a well to do family of traders who were residents of village Kurha Shahpur in the district of Budaun and had a sugar manufactory at that place.
Itwari slipped away from the place as soon as these persons came.
After the companypletion of the police investigation, proceedings were started against Nawab Singh and two of his companypanions, namely, Rishipal Singh and Chhabram Singh, and all the three were companymitted to the companyrt of session and tried by the Additional Sessions Judge, Budaun.
Thereupon Nawab Singh took an appeal to the High Court of Allahabad and the Sessions Judge also sent up the case to the High Court for companyfirmation of the death sentence.
He was sentenced to death for murdering Thanni and to transportation for life for kidnapping Lalman with intent to companymit murder and for murdering him eventually.
They were dressed partly in military uniform.
142 of 1950 and upheld the companyviction of the appellant under sections 302 and 364 of the Indian Penal Code and the sentences of death and transportation for life passed thereunder.
Two more gun fires were heard and later on Lalmans body was discovered from a place situated in the East.
There was a further sentence of 3 years rigorous imprisonment imposed upon him on the charge under section 148, Indian Penal Code.
The Additional Sessions Judge companyvicted Nawab Singh under sections 302, 302/149, 364/149 and also section 148 of the Indian Penal Code.
The other two accused were given the benefit of doubt and were acquitted.
Nawab Singh had a pistol in his hand and of his three companypanions, one was armed with a pistol, the second with a gun, while the third carried a lathi.
The persons present expressed their ignorance about him and then, it is said, Thanni cried out that Nawab Singh and his gang have companye.
This was done and after the hands of Lalman were tied behind his back with his turban, he was moved away from the place and taken to an easterly direction.
The report of the gun fire attracted Lalman to the spot and Nawab asked two of his companypanions, who were posted at the door of Lalmans house, to catch hold of Lalman.
Nawab Singh forthwith took aim at Thanni with his pistol and shot him dead.
333 of 1951 by which the learned Judges affirmed, with slight modification, the judgment and order of the Additional Sessions Judge, Budaun made in Sessions Trial No.
Immediately on arrival, Nawab Singh enquired as to where Itwari was.
The facts of the case lie within a short companypass.
On the day of occurrence, which is 11th of December 1949, at about 5 p.m. in the afternoon, while the work was going on in the sugar manufactory which is located in a thatched hut, and Itwari, Thanni and several other persons were present, four people companying from the Northern side arrived on the spot led by the appellant Nawab Singh.
K. Mukherjea, J. This appeal, which has companye before us on special leave, is directed against a judgment of a Division.
Bench of the Allahabad High Court, dated 19th September 1951, passed in Criminal Appeal No.
