STATE Vs. DEBNU

JUDGEMENT

(1.) Debnu alias Devi Singh was tried by the learned Sessions Judge of Sirmur, sitting with Assessors, of an offence under Section 302, I. P. C. Agreeing with the unanimous opinion of the Assessors, the learned Judge came to the conclusion, that the offence was not brought home, to the accused; consequently, he acquitted him. The State Government has come up in appeal against this order of acquittal, under Section 417 Cr. P. C. This appeal is numbered as Criminal Appeal No. 6 of 1955.

(2.) The same Debnu alias Devi Singh was tried, along with 7 others, of offences punishable under Sections 194 and 201 I. P. C. read with Section 149 I. P. C. The learned Magistrate acquitted the accused persons, holding, that their guilt had not been proved. The State Government has come up in appeal against the acquittal of these accused persons. This appeal is numbered as Criminal Appeal No. 5 of 1957.

(3.) Since, the two appeals arise out of the same transaction, and the evidence is to a large extent common, it would be convenient to dispose of the two appeals, by means of one judgment.