GIRJA PRASAD SINGH Vs. EMPEROR

JUDGEMENT

(1.) The appellants, Girja Prasad and Bhagwati, were charged before the learned Sessions Judge of Benares, under Section 302, Indian Penal Code, with the murder of a youth named Barka alias Adit Prasad at the village of Marwi on 16 May 1934. The appellant Bislinath was charged with aiding and abetting the murder on the infliction of grievous hurt on Barka contrary to Section 111, Indian Penal Code, read with Section 302 and Section 325, Indian Penal Code, All the appellants were convicted, Girja Prasad being sentenced to death whilst Bishnath and Bhagwati were sentenced to transportation for life. Against these convictions and sentences all the appellants have preferred appeals to this Court.

(2.) There can be no doubt that the deceased Barka met his death by violence. The post mortem report and the unchallenged evidence of Major Culhane, the Civil Surgeon of Benares, prove conclusively that the death was due to a stab in the abdomen. The only issues for the decision of this Court are, who stabbed the deceased, and the parts played by the various appellants in the incident. The case for the prosecution can be stated shortly as follows: The deceased was a youth of about 17 years of age who lived with his father Shiam Naraln, P.W. 7, in the village of Marwi. With them lived Shiam Narain's cousin Udai Naraln, P.W. 8, who, it is suggested, held a grove of mango trees jointly with Shiam Narain. The appellants Girja Prasad and Bishnath are brothers who also lived in the village and in their service was the appellant. Bhacwati.

(3.) On 16 May 1934, a few hours after sunrise it is alleged that the deceased Barja surprised Bhagwati stealing, mangoes from the grove already referred to Barka protested and demanded the mangoes, but Bhagwati refused to hand them over to him. Bhagwati made off towards the house of his master closely followed by Barka. Outside the house were the appellants, Girja Prasad and Bishnath, and there a further altercation ensued and it is to be noted that at this time Girja Prasad was wearing a kurta and was holding in his hand a danda or lathi. The altercation seems to have angered Bishnath who shouted to the others "maro sale ko tab i manega." Upon these words Bhagwati and Girja Prasad ran towards the deceased Barka who promptly fled. He was caught by Bhagwati who held him when Girja Prasad came up. The latter when he reached Barka suddenly whipped out a spear head about 8 or 9" long from the pocket of his kurta and drove it into the abdomen of the unfortunate deceased, and thereupon all of them fled.