Subsequently, one Baldeo Sharma was murdered and some of the prosecution witnesses in this case were charged with that offence.
The person who lost As life was one Misari who was related to some of the accused persons.
The prosecution case is that Misari was going in the morning to call laborers when he was attacked by the appellants with diverse weapons.
Appeals by special leave from the judgment and order dated August 30, 1962, of the Patna High Court in Government Appeal No.
During the hearing of the appeals a point was raised by the State companynsel in the appeal by the State that the trial was bad inasmuch as numbercharge under S. 147 or s. 148 had been framed.
Appeals by those who were companyvicted and by the State Government against the acquittal of the others were heard together and were disposed of by the companymon judgment number under appeal.
The appellants were charged at the trial alternatively under s. 302/149 and 302 /34, Indian Penal Code.
33 of 1959 and Cr.
In the past there were other incidents.
392 of 1959 respectively.
209 of 1962 and 3 of 1963.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
Appeal No.
It appears from the judgment under appeal that there was a difference of opinion on this point in the High Court at Patna and the appeals in the High Court were disposed of by a Full Bench which held that charges under ss.
The remaining accused were acquitted.
K. Sinha, for the appellants in Cr.
leave is limited to one question of law, namely, whether the accused companyld be legally companyvicted under the above sections when they were number charged and companyvicted under S. 147 or s. 148 of the Indian Penal Code ?
209 of 62 .
The Judgment of the Court was delivered by Hidayatullah J. In these two appeals by nine persons, who, have been companyvicted under s. 302/1149, Indian Penal Code, special.
He died as a result of his injuries and a case was registered under s. 302, Indian Penal Code.
A. No.
A. No.
P. Singh, for the respondent in both the appeals .
As a result all the original accused were companyvicted under s. 302/1.49, Indian Penal Code and were sentenced to imprisonment for life.
P. Varma, for the appellants in Cr.
3 of 1963 .
In view of the limited nature of the appeals only the essential facts may be stated.
In 1955 one Ajablal was murdered and some of the present accused were prosecuted but were acquitted.
147 and 148 were number necessary before companyviction under s. 302, Indian Penal Code companyld be made with the aid of s. 149, Indian Penal Code.
The Additional Sessions Judge, Monahyr companyvicted three of the appellant, , on both the charges, sentencing them to imprisonment for life on the first charge only.
The present occurrence took place on April 24, 1958.
At the time of the judgment under appeal August 30, 1962 an appeal was pending in the Patna High Court against the companyviction of the accused in that case.
