NAGINA Vs. EMPEROR

JUDGEMENT

(1.) After stating fads, and discussing the evidence concerning five of the appellants, his Lordship proceeded as follows:---] There remain now the cases of nine other accused appellants with which we feel ourselves unable to deal at the present moment for reasons which we are now about to give.

(2.) It has been stated that certain identification proceedings were held in the Jail at Meerut on the 12 of March 1921 and further proceedings were held in the case of Khushya, accused, on the 26 of March 1921.

(3.) When this case came up for trial in the Sessions Court in the middle of July it turned out that a large number of witnesses who had made identifications in the Jail were utterly unable to repeat these identifications in Court. It appears from the statements made by these witnesses that they were completely baffled in the Sessions Court by the changes wrought in the appearance of the accused. The witnesses pointed out that the accused's heads and faces had been shaved or that their hair had been cropped in such a way as to render identification impossible. Chajju Singh, the principal witness, expressed his inability to identify a number of the accused, in somewhat picturesque language. He said that the Sarkar had turned out these people for trial dressed like wedding guests (barati).