BRIJ BHUSHAN SINGH Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal by special leave against a judgment and order of the Chief Court of Oudh at Lucknow dated 5 May 1944, varying as to sentence only an order of the Sessions Judge at Lucknow dated 10th January 1944, by which the appellant was found guilty of the offence of culpable homicide not amounting to murder of one Bilasia, his wife's bandi maidservant, under para. 2 of S. 304, Indian Penal Code, and was sentenced to six years' rigorous imprisonment, a sentence which, by the said variation was reduced to a period of about four months which the appellant had already served. At the conclusion of the arguments, their Lordships announced that they would humbly advise His Majesty that the appeal should be allowed and that they would give their reasons later. This they now proceed to do. The original charge against the appellant was under S. 302 of the said Code for the murder of Bilasia, but he was committed for trial on the charge of culpable homicide not amounting to murder under S. 304. In the Court of Sessions, however, the charge was altered to one of, murder under S. 302, and, although the eventual conviction was under S.304, it was on the charge of murder that the appellant was tried by the Sessions Judge sitting with five assessors.

(2.) At the same time, and in relation to the same alleged offence, the appellant separately, and four other persons, who were accused 2 to 5, jointly, were charged with the offence of causing evidence of the commission of the said offence of murder to disappear, to wit, with the destruction or disposal of the body of Bilasia, knowing or having reason to believe that the offence had been committed, and with the intention of screening the offender from legal punishment, an offence punishable under S. 201 of the said Code. No objection seems to have been taken to the trial of accused 2 to 5 jointly with the appellant, although it was not suggested that they had taken any part in, or had any knowledge of, the alleged murder by the appellant. However, as these accused were acquitted, this point need not be discussed. Under the provisions of the Criminal Procedure Code and certain regulations of the Local Government, a charge under S. 302, Indian Penal Code, is triable by a Judge with assessors, and a charge under S. 201 is triable by a Judge with a jury. At the said trial the same five gentlemen acted as assessors on the main charge and as jurors on the minor charge.

(3.) The prosecution case was that on 26 May 1943, in the appellant's house at Lucknow, Bilasia had been found in compromising circumstances with the appellant's bearer, one Samuel, and that on this fact being reported to the appellant on his return from his office at about 7.30 P. M. he gave Bilasia a beating. The prosecution suggested that it was a very severe beating and that it reduced the girl to the point of death. At about 8-80 P. M. the appellant went out to dinner with a friend, and returned at about midnight, and the prosecution alleged that by that time Bilasia had died. Thereupon, that is shortly after midnight, the appellant, with his wife and his chauffeur Mahabir, drove in the appellant's car some 60 miles to the house at Ramgargh Gularia of Bhanwar Singh, whose wife, a sister of the appellant's wife, had a bandi maidservant named Basanti who was a cousin of Bilasia. The prosecution alleged that the dead body of Bilasia was in the boot of the car, and that the object of the journey was to dispose of such body. The prosecution alleged that a mile or two before reaching Ramgarh Gularia the appellant's car had a puncture, and that certain villagers who were passing in a bullock cart took the appellant's party up to the house of Bhanwar Singh; that when the party reached the house, Bhanwar Singh, who was accused 2, sent his servant, who was accused 3, and two Pasis who were accused 4 and 5 with Mahabir to the appellant's car; that they removed the body of Bilasia from the car and concealed it and subsequently dismembered it and scattered the bones in the jungle, and later pointed out such bones to the police.