EMPEROR Vs. RASHBEHARI LAL

JUDGEMENT

(1.) Rashbehari Lal and 21 other persons were tried by jury in the Sessions Court of Patna for a riot in which one Sitasaran Singh, a zamindar and cultivator of Sinawan in the thana of Ekangarsari, was murdered. Six of them were charged under Section 148, and the rest under Section 147, I. P.C., and they were all further charged under Section 302 read with Section 149, I. P.C. By a majority of six to one the jury brought in a verdict of guilty under Secs.302 and 148 against eight of the accused.

(2.) The Sessions Judge accepted the verdict under Section 302 and sentenced seven of them Rashbehari Lal, Dhunukdhari Lal, Jugul Singh, Jaldhar Singh, Sita Raut, Badri Singh and Chandar Singh, to death and the eighth man, Saheb Singh, to transportation for life. Three of these eight men had been charged under Section 147 and not under Section 148, but the learned Judge did not consider it necessary to refer this part of the verdict to the High Court and passed no sentence under Section 148 on any of the eight men found guilty under this section by the jury. By a majority of six to one the jury also found the other 14 accused guilty under Section 147 and not guilty under Section 302/149, I. P.C. The Sessions Judge accepted this verdict and sentenced four men Mangru Mahto, Sakhu Pasi, Bajrangi Singh and Bhim Singh to five year's rigorous imprisonment and a one of Rs. 50 each, and the other ten men to two years rigorous imprisonment and a fine of Rs. 100 each.

(3.) The sentences of death passed on seven of the accused have been referred to this Court for confirmation under Section 374, Criminal P.C., and all the 22 accused have also appealed against their convictions and sentences. Section 418, Criminal P.C., restricts appeals in jury cases as a general rule to matters of law. This restriction however does not apply to references under Section 374, Criminal P.C. see Queen-Empress V/s. Chatradhari Goala 2 CWN 49; and Sub-section 2 which was added to Section 418 in 1923, provides that where in a case tried by a jury any person is sentenced to death, any other person convicted in the same trial may appeal on a matter of fact as well as a matter of law. (After stating the facts of the case in detail and discussing the evidence, his Lordship proceeded.) The jury found these men guilty of murder substantively, and not merely constructively under Section 149, I. P.C. The charge framed was however a charge of constructive murder only-- Section 302 read with Section 149, I. P. C.