MALAK KHAN Vs. KING-EMPEROR

JUDGEMENT

(1.) THIS is an appeal from the judgment of the High Court of Judicature alt Lahore dated October 18, 1944, dismissing the appellant's appeal from the judgment of the Sessions Judge of Jhelum dated July 1, 1944, and confirming the sentence of death passed upon him.

(2.) SPECIAL leave to appeal to His Majesty in Council was granted by an Order in Council dated March 21, 1945.

(3.) THE first information report was registered at the police-station of Buchal Kalan at 10 a. m. on January 7, 1944, but is said to have been taken down at an outlying post at 4 A. M. by an Assistant Sub-Inspector of Police. THE maker of the report Imam Din said that he had heard of the affair from one Mohammad Nawaz and that he had gone to the spot and heard a statement made by Akbar Khan, who subsequently died on the road. THE persons named as the assailants were Umar Hayat, Malak Khan, appellant, Nur Alam, Gulsher, Aurangzeb and Sarsa, all residents of the village of Bahl,