(1.) This is a reference by the Sessions Judge of Patna under Section 307, Criminal P.C., in a case in which the learned Judge has differed from the verdict of the jury on charges of attempted murder and attempted suicide. The occurrence which gave rise to the prosecution took place in the Secretariat building in Patna. It appears that on the first floor of this building there is the block of offices occupied by the Criminal Investigation Department. The easternmost office of this block is occupied by the Crimea Assistant to the Deputy Inspector General of the Investigation Department and on the day with which we are concerned the Crimes Assistant was Mr. M.K. Sinha who was in his office. The room next to this on its west is occupied by a lady typist and on the west of the typist's room is the office of the Deputy Inspector General of the Investigation Department. We are concerned with the room on the west of the Deputy Inspector General's office. This room is the office of the Deputy Superintendent of the Criminal Investigation Department and on the day and at the time with which we are concerned, Mr. Akhauri Eaghunath Sahai, Deputy Superintendent, was in this office. Next to it on the west is the Inspector General's office and next to the latter's office is another Deputy Superintendent's office and next to this is the clerks office.
(2.) On the north of this block there runs a corridor and on the south of it a verandah. At the western extremity of this verandah is the office of the Police Co- operative Bank. The door of the bank's office commands a view of the entire length of the verandah and at the material time a clerk of the Bank, Mathura Prasad, was in the office. In the corridor which runs along the north side of the block of offices of the Criminal Investigation Department and opposite the door of the room occupied by Mr. Akhauri Eaghunath Sahai a sentry armed with a rifle with fixed bayonet was on duty at the time and on the day with which we are concerned which was 9 August 1939. This sentry was constable Balram Singh. Mr. Akhauri Eaghunath Sahai went to his office about 11-30 in the morning on the day in question. While he was sitting at his table working at his files he was struck on the neck. He says that he looked round and recognized as his assailant the constable Bharat Dube. Mr. Sahai fell between his chair and his table as a result of this blow and his assailant then dealt five more blows on the neck. Mr. Sahai raised an out-cry and his assailant disappeared through the south door of the office, that is to say, the door leading on to the verandah which runs the whole length of the south side of the Criminal Investigation Department block. Hearing Mr. Sahai's out-cry the sentry who bad been outside the northern door of the office entered. He says that he noticed the accused running through the south door and saw Mr. Sahai lying on the floor and bleeding. The commotion was heard by Mr. M.K. Sinha, the Crimes Assistant who was in his room two rooms from the place of the occurrence. With him was another officer Mr. A.K.P. Sinba who was having a consultation with him.
(3.) These two officers at first went on to the verandah through a door on the south of Mr. M.K. Sinha's office but seeing nothing there they went back to Mr. M.K. Sinha's office and at the door they met Mr. Akhauri Raghunath Sahai who they saw was wounded. They went back with him to his own room and they rendered first aid to him and sent him off to the hospital. Mr. A.K.P. Sinha (P.W. 7) who was the officer who had been in Mr. M.K. Sinna's room and who had come to the room of the Deputy Superintendent with the others went out on the verandah and found the accused lying there on his back. The buttons of the coat of the accused were open, his underwear below the coat was pulled up and his abdomen was exposed.