OSMAN SARDAR Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal byone Osman Sardar, and, there is also a Reference by the learned Judge under Section 374 of the Criminal Procedure Code.

(2.) The appellant Osman Sardar and one Bhasai were committed by the Magistrate for trial on a charge that they on or about the 12 of March, 1923, committed murder by causing the death of one Tokani Sardar and thereby committed an offence punishable under Section 302 of the Indian Penal Code. Osman Sardar and Bhasai were tried by the learned Sessions Judge of Backerganj and a Jury.

(3.) At the trial, the learned Sessions Judge added two further charges which were as follows, first, that they (Osman and Bhasai) on or about the 12 of March, 1923, were party to a criminal conspiracy to murder Tokani Sardar, and thereby committed an offence punishable under Section 120-B read with Section 302 of the Indian Penal Code and, the Second charge, which was added, was that they on or about the day above mentioned abducted Tokani Sardar in order that he, might be murdered or might be so disposed of or be put in danger of being murdered and thereby committed at offence punishable under Section 364 of the Indian Penal Code, so that at the trial.there were three distinct charges: first, a charge of murder; secondly, a charge of conspiracy to murder; and, thirdly, a charge of abducting Tokani Sarclar in order that lie might bo murdered.