MANNALAL KHATIC Vs. STATE

JUDGEMENT

(1.) The accused-appellant Mannalal Khatic stood a trial, charged with two counts of distinct offence, viz. under Section 302 of the Indian Penal Code, for having committed murder of Gulab, and under Section 324 of the Indian Penal Code for having caused hurt to Dayaram with a sharp-cutting weapon, at tie Third Criminal Sessions of 1963 in me Original Criminal Jurisdiction of the Calcutta High Court before the Hon'ble Mr. Justice T. P. Mukherjee and a Special Jury. Of the nine jurors, six found Mannalal Khatic, the accused-appellant guilty on the charge under Section 302 of the Indian Penal Code for murdering Gulab and seven founds Mannalal Khatic, the accused-appellant guilty for having caused hurt to Dayaram with a sharp-cutting weapon. The learned Judge agreeing with and accepting the majority verdict of the Jury on both the charges against the accused-appellant Mannalal Khatic, convicted and sentenced him under Section 302 of the Indian Penal Code to suffer rigorous imprisonment for life and under Section 324 of the Indian Penal Code rigorous imprisonment for three years respectively, the latter sentence to run concurrency with the former one.

(2.) The accused-appellant preferred this appeal against the conviction and sentence on both the charges before the Criminal Appellate Jurisdiction of this Court under Section 411-A of the Code of Criminal Procedure, and on an application made in that behalf had also obtained leave to appeal under Clauses 'b' and 'c' of Sub-section (1) of Section 411-A of the Code of Criminal Procedure, on 27th November, 1963.

(3.) The prosecution case as presented before the Court appearing from the charge of the learned Judge to the Jury is as follows:--