SHYAM LAL AND ORS Vs. EMPEROR

JUDGEMENT

(1.) Shiam Lal, Musaddi Lal, Jagat Narain, Bam Behari Lal alias Behari Lal and J wala, accused, were tried in the Court of the Sessions Judge of Etawah under Section 302 of the Indian Penal Code. The charge against them was that they had murdered one Musammat Pista. The learned Sessions Judge found all the five accused appellants guilty. He has sentenced Shiam Lal and Musaddi Lal to death, while the other three appellants have been given a sentence of transportation for life. All the five appellants have preferred appeals against their convictions and the record of the case has also been sent to this Court by the learned Sessions Judge for confirmation of the death sentence.

(2.) Shiam Lal was the patwari of village Chhapora and some other villages. Jagat Narain is his brother. They have another brother whose name is Sheo Narain, Bam Behari Lal is the father of Shiam Lal and his brothers, while the accused Musaddi Lal is their maternal uncle. Bam Behari Lal had a brother named Lachhman Prasad. Musammat Pista deceased was the widow of Lachhman Prasad. The learned Sessions Judge has found that the husband of Musammat Pista died about 20 or 25 years ago. All these four accused are Kayesthas, while Jwala, appellant No. 5, is a Kachhi by caste, and the prosecution has not established how this man Jwala is connected either as a servant or as a tenant with the family of Shiam Lal accused.

(3.) The prosecution story briefly put may be stated to be as follows: