SHEO SHANKER Vs. STATE

JUDGEMENT

(1.) SHEO Shanker alias Tanu and Sheo Shankar alias Bachchu appeal against their conviction and sentence of death under Section 302, I. P. C. for having committed the murder of Girdhari and ram Singli on the morning of 4-1-1951, near Achalganj railway station.

(2.) THE prosecution story is that these two accused appellants and one unknown person lay in ambush in the grove of Sheo Ram Brahman about three furlongs by the passage from the railway station and, shot at Girdhari and Ram Singh and their companions when they had passed this grove on their way from village Bethar to the railway station. Two shots were fired. It is said that the second shot hit Girdhari on the legs. Girdhari and Ram Singh ran towards the station. Their companions also ran in the same direction but along the sides of the passage. The accused's party pursued them and the men with guns kept on firing. Ram Singh was hit with shots just in front of the quarters of Abdul Ghani, signal inspector. He fell down there. Girdhari kept on running and was hit again after he had run about 328 paces from where Ram Singh had fallen down. Girdhari fell down on being hit at that spot. This place is about 40 paces from the station platform. Tanu accused then shot at Girdhari's chest, twice. Bachchu on returning to Ram Singh fired at his chest. The result was that Girdhari and Tanu died immediately.

(3.) THIS incident is said to have taken place at about 8-30 a. m. The departure time of the train leaving for Unnao was 8-47 a. m. Badlu, brother of Girdhari went to police station Achalganj about four to six furlongs away and lodged a report there which purports to be taken down at 9-30 a. m. The main difference between the version given in this report and that narrated in Court is with respect to Baehchu's shooting at Ram Singh after he had fallen down. No such allegation was made in the first information report. We shall deal with its contents later.