EMPEROR Vs. RAM NEWAZ

JUDGEMENT

(1.) This is an appeal by the Local Government from a decision by the Sessions Judge of Banda, whereby he acquitted one Ram Newaz of the offences of murder and culpable homicide not amounting to murder under Sections 302 and 304 of the Indian Penal Code. The accused was committed for trial together with his two brothers, Ram Bharose and Ram Bisal, on a charge under Section 304 of the Indian Penal Code. The Sessions Judge added a charge under Section 302 of the Indian Penal Code. He convicted Ram Bharose and Ram Bisal of the lesser offence under Section 304 of the Indian Penal Code and acquitted them of murder. He sentenced them to ten years rigorous imprisonment each.

(2.) In regard to Ram Newaz, though he found that he was present and took part in the assault on the deceased, he passed an order of acquittal. Ram Bharose alone appealed against his conviction.

(3.) A Bench of this Court (of which one of us was a member), on the record coming before it, issued notice to both Ram Bharose and Ram Bisal to show cause why they should not be convicted of murder and the sentences enhanced. In the result, the appeal of Ram Bharose was dismissed, the two men were convicted of murder and were sentenced to death. The case of Ram Newaz was not then before the Court and his guilt or innocence was not considered. The Local Government has now appealed against his acquittal, and we have to decide whether or not his alleged participation in the assault has been proved and, if so, of what offence he is guilty.