RAM BHAROSE Vs. REX

JUDGEMENT

(1.) Lokpal Singh iS a zamindar of village Lohari Khera; and for sometime he was the assistant secretary of the Chhatri Sabha in the District of Etah. One of the objects 'of the Sabha was to reclaim those Thakurs who had been converted to Islam. Five or six years before the occurrence Lokpal Singh took a prominent part in the conversion of a large number of nauMuslims of Nagla Aman Singh; and a year before the incident, which led to the prosecution of the appellants, namely, Earn Bharose and Fiddad Khan alias Fida Husain, a panchayat was convened at the house of Thakur Dhara Singh of Bijaura to arrange for the conversion of one Karan to Hinduism. The case for the prosecution was that while the panchayat was being held Sher Khan arrived there and prevented the conversion of Karan, who was his relation, and took him away with him: that this led to an exchange of hot words be. tween Sher Khan and Lokpal Singh, and in consequence thereof the nau-Muslims of Nagla Gohatia, who were related to Sher Khan, held a panchayat against Lokpal Singh; that in view of these strained relations on 27th November 1945, between 9 and 10 p. M., -while Lokpal Singh was returning with has servant, Ram Lai, from Hanuman Garhi in Etah, Mohammad Mir Khan, who had a pistol with him, Dalel Khan and the appellants came up and Mohammad Mir Kban placed the pistol on Lokpal Singh's chest and pulled its trigger; thai Lokpal Singh caught the piatol and lowered its barrel, but it went off causing burns and injuries on his left calf and damaging his pyjama; and that Lokpal Singh raised an alarm and people came up and caught hold of Dalel Khan, while his companions managed to escape.

(2.) Lokpal Singh reported the occurrence at P. S. Etah, which was only five furlongs away from the scene of occurrence, at 9-30 p. M, the same night. A case under Section 307, Penal Code, was registered against Dalel Khan, Fiddac Khan, Bam Bharose and Mohammad Mir Khan. Mohammad Mir Khan was not prosecuted; even the complaint filed against her by Lokpal Singh was subsequently with drawn. Dalel Khan, Bam Bharose and Fiddan Khan were prosecuted under Section 307 read with Section 34, Penal Code. Dalel Khan made a confession and stuck to it throughout. Bam Bharose alleged that he had been falsely implicated in that affair as he and his wife were in the service of Lokpal Singh and owing to maltreatment they had gone to village Gohatia and settled there with the help of Mohammad Mir Khan and others, who refused to turn them out in spite of the attempts made by Lokpal Singh and that Dalel Khan was in the service of Lokpal Singh. Fiddan Khan's case was that Dalel Khan, with whom he had a quarrel had got him falsely implicated in this case.

(3.) The Sessions Judge of Etah, who tried the case, found the appellants guilty and convicted them under Section 307 read with Section 84, Penal Code, and sentenced each of them to rigorous imprisonment for two years. This appeal has been filed on behalf of Earn Bharose and Fiddan Khan. Dalel Khan has preferred no appeal.