BRIJ BHUSHAN SINGH Vs. EMPEROR

JUDGEMENT

(1.) THIS is an appeal by special leave against a judgment and order of the Chief Court of Oudh at Lucknow dated May 5, 19144, varying as to sentence only an order of the Sessions Judge at Lucknow dated January 10, 1944, by which the appellant was found guilty of the offence of culpable homicide not amounting to murder of one Bilasia, his wife's bandi maidservant, under para. 2 of Section 304 of the Indian Penal Code, 1860, and was sentenced to six years' rigorous imprisonment, a sentence which, by the said variation, was reduced to a period of about four months which the appellant had already served.

(2.) AT the conclusion of the arguments their Lordships announced that they would humbly advise His Majesty that the appeal should be allowed and that they would give their reasons later. This they now proceed to do.

(3.) NO objection seems to have been taken to the trial of accused 2-5 jointly with the appellant, although it was not suggested that they had taken any part in, or had any knowledge of, the alleged murder by the appellant. However, as these accused were acquitted, this point need not be discussed.