KARAM SINGH Vs. STATE

JUDGEMENT

(1.) THE appellant, Karam Singh, and his brother, lambardar Lehna Singh, were sent up for trial before the Additional Sessions Judge under the following charges; namely, Section 120 B; Sections 302, 447, 364, 436 and 896, Penal Code, read with Section 149, Penal Code.

(2.) THE assessors were of opinion that the appellant, Karam Singh, had committed no crime and they unanimously declared him innocent. Agreeing with the views of the assessors, the learned Judge acquitted the appellant of the five charges but disagreeing with the views of the assessors, he convicted the appellant under Section 302, read with Section 34, Penal Code, for the murder of Habib. The original charge was as follows:

(3.) IT may be mentioned here that the appellant has not challenged his conviction by altering the charge from Section 302, read with Section 149, Penal Code, to Section 302, read with Section 84, Penal Code.