MOHAMMAD ILLIAS Vs. THE STATE

JUDGEMENT

(1.) THE appellant in this case was tried by a learned Additional Sessions Judge sitting with a jury upon two charges of murder. The jury found the appellant guilty on both the charges by a majority. Five of the jurors found the appellant guilty under Section 302, Penal Code, on both the charges: two found the appellant guilty not under Section 302, Penal Code, but under Section 304 on both the charges, whereas the remaining two jurors found the appellant not guilty on both the charges. The learned Additional Sessions Judge accepted the majority verdict of guilty under Section 302, Penal Code, and sentenced the appellant to transportation for life in respect of the charge of murdering one Golam Hossain. He did not think it was necessary to sentence the appellant in respect of the other charge of murder upon which the jury by a majority had found the appellant guilty.

(2.) THE case for the prosecution was that the appellant had murdered two persons, namely, Golam Hossain and Safatunnessa Bibi by shooting them early in the morning of 1 -6 -1948. The case was that the appellant fired one shot which killed both these persons and the appellant was charged in separate counts in respect of the death of each of them.

(3.) IT is most unfortunate that considerable delay has occurred in bringing this appeal for hearing, but that delay was unavoidable. Certain documents were in such condition that it was extremely difficult to translate them and all sorts of attempts were made to have these documents translated. They were eventually translated as far as they could be translated and the matter has now come before us.