STATE Vs. CHANGA AND ORS.

JUDGEMENT

(1.) THIS is a reference under Section 307, Code of Criminal Procedure. The trial was held with the aid of five jurors. Three of them were of opinion that the accused was guilty, while the other two held the opposite view and gave their verdict that the accused was not guilty. The Second Additional Sessions Judge, Allahabad was of opinion that there were grave doubts, and circumstances were such that the verdict was perverse and, therefore, he has referred this case under Section 307, Code of Criminal Procedure with the recommendation that the accused be acquitted.

(2.) TWELVE persons, Chhanga Singh, Sheo Pratap Singh, Sobnath Singh, Ram Kailash, Deo Dat, Barma Din, Baijnath, Mashuq Khan, Sridhar, Raj Karan, (sic) and Mahadeo, were charged under Sections 147, 323 read with Section 149, 325 read with Section 149 and 307 read with Section 149, I.P.C. They pleaded not guilty to the charges levelled against them.

(3.) THEREUPON some of the accused began to beat Borai Singh also while the others continued beating Sonai Singh. Both Sonai Singh and Borai Singh also plied lathis in self defence. On the one side, there were about 15 people and on the other side there were these two only. Later on Hiramani, Ram Pratap alias Gopali, and Anant Bahadur alias Bala also came to the spot and they began to fight the assailants with lathis in order to save Borai Singh and nonai Singh. Hiramani and Ram Pratap were also injured during the fight. Thereafter, witnesses came to the spot and were watching. In the meantime, it was given out that Borai Singh was dead and all the assailants ran away. Jai Karan Singh was also injured. Among the assailants Sitla Baksh and Sobnath were injured. Hiramani and Ram Pratap carried Borai Singh to his house and Sonai Singh's aunt and Anant Bahadur carried Sonai Singh to his house. The report of this incident of the 3rd August was lodged at the police station on the 5th at 6.15 p.m. The police station is only four miles from the village where this incident took place. The reason for the delay in lodging the report is that Sonai Singh was in agony due to the injuries and there was nobody available, as the men of the village had run away. There was another report lodged by the accused Sheo Pratap Singh; it was lodged on the 3rd August 1951.