EMPEROR Vs. PANCHU SHAIKH

JUDGEMENT

(1.) In this case the learned Sessions Judge and a jury of nine tried the two accused persons Panchu Shaikh and Lalu Shaikh and they have been convicted of the murder of a small child called Kililaddi on 19 January of this year.

(2.) The case for the prosecution is that there was much enmity between the accused and the family of one Basiruddi who is the father of. a boy called Afsar of some 17 years of age, another called. Momtajuddin of some seven years and the small child Kililaddi who is dead. These people appear to have been living in the same bari and, as the accused persons allege enmity between Basiruddi's family, and themselves and there is considerable evidence of quarrels between these two parties, the subordinate question of motive in this case gives little trouble. The jury have been unanimous in the case of both the accused.

(3.) Some exception was taken to the form of the trial as regards the constitution of the jury. It appears that the jury at the end of the ballot were found to be four short, and four gentlemen were chosen by the Judge from among the bystanders in accordance with the provisions of Secs.276 and 277, Criminal P. G. The learned Judge, having satisfied himself as to the social status and fitness of these gentlemen, let them be appointed as members of the jury. It seems to me that we have no material before us to give ground for the suspicion that the law has not been entirely complied with in that respect. In the circumstances, it was entirely for the learned Judge to exercise his discretion as to whether ,to adjourn the trial or to proceed with it with the aid of these bystanders. So far as the composition of the jury is concerned, it certainly appears that these persons were persons of considerable education and were proper persons to be jurors in such a case as this.