RAMANUGRAH SINGH Vs. KING EMPEROR

JUDGEMENT

(1.) THERE seems to be nothing in the High Court judgment that shows that no reasonable jury could have come to the conclusion on the facts that this jury found. ]

(2.) TO sum up I say that the appeal should be dismissed, because even if the right test had been applied, the High Court would have still reached the verdict that they did. Secondly, the jury's finding cannot be supported on the evidence. It was at least perverse of the jury to say that at least culpable homicide was not proved, when the shot was fired at a distance of only 67 feet. Lastly, if your Lordships do not accept my construction of Section 307, or are of the opinion that the wrong test; has been applied, then your Lordships should send it back to the High Court with directions as to the proper test to be applied under Section 307. John Beaumont, J.

(3.) WHEN the matter first came before the Court, the Sub-divisional Magistrate who dealt with it discharged the appellant and the other accused, being of opinion that the prosecution evidence was such that no Court would be likely to convict upon it. This order of discharge was upheld in appeal by Mr. Salisbury, the then Sessions Judge of Patna; but on an application in revision to the High Court at Patna, that Court took the view that the evidence disclosed a prima facie case, and ordered the commitment of the appellant under Sections 302 and 324 of the Indian Penal Code, and of the appellant and certain other persons under Section 201. Accordingly the Magistrate framed charges against the appellant, first, of committing the murder of Nanku Mahton, being an offence under Section 302 of the Indian Penal Code; secondly, of causing hurt to Rajinder Singh by shooting him, being an offence under Section 324; thirdly, of causing hurt to Sital Singh by shooting him, being an offence under Section 324. There was also a charge under Section 201 of causing evidence of the murder to disappear, but nothing turns upon this since the High Court recorded no conviction upon it.