LAKHPAT SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal is by Lakhpat Singh against his conviction under sec. 302 of the Indian Penal Code, and sentence of death passed by the Sessions Judge of Bharatpur. There is also a reference by the Sessions Judge for confirmation of the sentence of death.

(2.) THE case relates to an incident which took place in village Kaman on the morning of the 28th of August, 1949. One Mst. Ram rati, a Bedni, had been engaged in a mandli run by Deepa for the purpose of showing plays. She had joined this mandli only about 5 or 6 days before she was murdered. THE mandli played first at Deeg, and then came on to Kaman. THEre was a play on the night of the 27th August, 1949, which began at 9 P. M. and finished at about 3 A. M. on the 28th of August. It appears that Lakhpat Singh accused had illicit intimacy with Mst. Ramrati, when the was living in the District of Agra. He followed her from the District of Agra a few days after her departure from there. Her sisters, Mst. Sona and Mst. Bedani, her mother, Mst. Sukhia, and one Kehri Singh, who had helped in the engagement of Mst. Ramrati in this mandli, came with the appellant. After the play was over at 3 A. M. , these persons went to sleep in an open space. At about 4 or 4-30 A. M. , a shriek was heard, which woke up these persons. Kehri Singh and Mst. Bedani appear to have woken up first. THEir statement is that they saw the accused striking the deceased once with a knife. THEy immediately got up, and caught hold of the accused. Mst. Sukhia and Mst. Sona also got up; but they only saw the deceased lying dead, and the accused being held by Kehri Singh and Mst. Bedani. Other persons belonging to the mandli were sleeping on the roof up-stairs. THEse persons also heard a shriek, and came down. THEy are Tika Ram and Mangal Singh. Tika Ram saw Ramrati lying dead, and the accused collecting his clothes. He also saw the accused throwing away a knife outride the dharamshala. Mangal Singh saw Mst. Ramrati lying dead, and the accused surrounded by Mst. Bedani, Mst. Sukhia, Kehri Singh, & Mst. Sona. THEy all saw that the clothes of the accused were blood-stained, and arrested him. THEreafter Mangal Singh went to the Thana, and made a report. He was informed by Mst. Bedani and Kehri Singh that Lakhpat Singh had murdered Mst. Ramrati. In the report, however, which he made, he did not definitely state this fact, though the name of Lakhpat Singh was mentioned as the accused in the heading, and there was mention of Lakhpat Singh also in the body of the report. THE police arrived on the scene soon after, as the report was made within a very short time of the murder. Sub-Inspector Phool Singh, who investigated the case, saw that Mst. Ramrati was lying murdered. He also saw that the clothes of the accused were stained with blood. THE clothes were taken into possession, and the accused was also arrested. It is said that the blood-stained knife, which had been thrown away outside the dharamshala, was also recovered later. THE knife and the shirt of the accused were sent to the Chemical Examiner, Agra, and he has reported that both were blood-stained. THE stains on the knife were minute, while the largest stain on the shirt of the accused was 8" long.

(3.) WE particularly emphasise the words "if the trial is conducted substantially in the manner prescribed by the Code" in the above quotation. What we, have to see is whether in this case the trial was conducted substantially in the manner provided by the Code, though an irregularity did undoubtedly take place, inasmuch as sec. 235 (1) was not strictly complied with. The Code contemplates that a trial which is conducted with the aid of assessors should begin with the aid of at least three, if not four, assessors (vide sec. 284 ). It also contemplates that such a trial should end with the aid of at least one, if not more, assessors, and that if there is not a single assessor available, the proceedings should be. stayed, and a new trial should be held (vide sec. 285 (2) ). In between comes sec. 285 (1), which contemplates that, all the assessors with whom the trial began may not be able to sit throughout the trial, and, therefore, permits, under certain circumstances, that the trial should be carried on with a lesser number of assessors so long as there is at least one assessor present during the whole of the trial. Thus, a trial with the aid of two or even one assessor, after it began with the aid of the minimum number required, is permitted by the Code, and where a trial is begun with the aid of three assessors, and carried on with two or at least one assessor, and brought to a conclusion in this manner, the trial is, in our opinion, conducted substantially in the manner prescribed by the Code.