BHUTTA SHAH Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against a decision of the Sessions Judge of Monghyr accepting a unanimous verdict of the jury and convicting the appellants Bhutta Shah and Baso Shah under Section 460, Penal Code, and the appellant Baso Shah under Section 380, Penal Code. Under the former section he has sentenced both the appellants to rigorous imprisonment for ten years. Under the latter section he has sentenced Baso Shah to rigorous imprisonment for one year, the sentence to run concurrently with the sentence under Section 460.

(2.) THE prosecution case is that in the early hours of 23.2.1951, the two appellants entered into the house of Ghoghu Chamar (P. W. 1), a resident of Mirzapur in the jurisdiction of police station Teghra. The two men forced their way into a room, in which Ghoghu Chamar's two daughters -in -law, namely Musammat Dahwa (P. W. 5) and Musammat Kalwa deceased were sleeping, by removing a 'tatti' door by which the room was closed. After entering Baso Shah attempted to remove a 'hasuli' from the neck of Kalwa. Kalwa caught hold of Baso's 'dhoti' and raised an alarm. Thereupon Bhutta stabbed her with a large knife and the two men ran away. Kalwa died soon after.

(3.) IN addition to the two charges under which the appellants have been convicted Bhutta Shah was put on his trial under Section 302. He was tried under this section by the Sessions Judge assisted by the five jurors acting as assessors. Differing from the unanimous opinion of the five assessors that Bhutta was guilty under Section 302, the Sessions Judge has found him not guilty under that section and has acquitted him.