KHODA BAKSH MUNSHI Vs. STATE

JUDGEMENT

(1.) THE two appellants in this appeal, Khoda Baksh Munshi and Akser Ali have been convicted under Section 396, Penal Code, and sentenced to transportation for life. The trial was with the aid of a jury who gave a unanimous verdict against the appellants holding them guilty under the aforesaid section and the learned Sessions Judge accepting that verdict has convicted them as already stated above.

(2.) THE prosecution arises out of a very tragic occurrence which happened during the early hours of the morning of 6 -6 -1952, in which the two cousins Hakim Khan and Yaz Khan lost their lives. Yaz Khan died on the spot having in addition to other injuries a bullet injury on his abdomen, while the lifeless body of Hakim Khan with injuries was discovered next morning a little removed from his house near a sheam.

(3.) IN the view which we are inclined to take, 1 do not consider it necessary to go into the details of the case or enter into a discussion of the evidence led by the prosecution, The learned Counsel appearing for the appellants has pointed out some prominent defects in the charge to the jury which, we think, has materially affected this verdict.