ANARKHN Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Anarkhan and five others against their conviction under sec. 148 and 302 read with sec. 142 I. P. C. by the Sessions Judge of Partapgarh.

(2.) THE case relates to an incident which took place on the 7th of September, 1952, in village Sadulkhera some time before mid-day THE report of the incident was sent to the chowki of Chakardai from where it was sent to the Thana. In this report it was said that Amir Mohamad was murdered by these six accused while he was ploughing his field. THE six accused came there armed with lathis and axes. Amir Mohmmad ran away on being attacked, but was pursued. Meer Mohmmad and Moinuddin were present when the incident took place.

(3.) THE defence suggests that there is enmity between the accused and Ali Sher Khan, and this witness is a relation of Ali Sher Khan and that is why his name was mentioned in the first report, and he came forward to give this evidence. THEy may be some explanation why this witness was forthcoming, hut, in any case, we are not satisfied that this witness was present when the incident took place. We are also not satisfied that this witness is reliable, and can be depended upon, considering the nature of his evidence and the contradictions he has made.