TORAP ALI Vs. EMPEROR

JUDGEMENT

(1.) In this case the appeal is by both the accused Gohar Ali and Torap Ali against the conviction of murder by the learned Additional Sessions Judge of Bakarganj. The assessors apparently had some difficulty in coming to a conclusion. But the learned Sessions Judge after asking them questions came to the conclusion that the first assessor had really arrived at the conclusion that the two accused committed the murder and that the second assessor had arrived at the conclusion that there was not sufficient evidence to convict the two accused of murder. The learned Additional Sessions Judge, as I have already said, agreeing with the first assessor and differing from the second, found both the accused guilty.

(2.) Now, after listening to the argument of the learned Vakil who appeared for both the accused and who put the case very clearly before us, and reading the evidence, my learned brother and I have come to the conclusion that as regards Torap Ali there is no doubt that the conviction was right, and 1 need not say anything more about him.

(3.) As regards the other accused Gohar Ali this caused us some anxiety. We have, however, come to the conclusion that the conviction ought to be upheld. The evidence with regard to the motive in the case of Gohar Ali is by no means as strong as that in the case of Torap Ali, and, if we had to rely to any great extent upon motive being proved to our satisfaction in this case, our conclusion might have been a different one. But in a case of this kind, where we are satisfied upon the evidence that the learned Judge was right in his conclusion that Gohar Ali was actually with Torap Ali at the time the murder was committed, it is not necessary for us to come to any definite conclusion as to what the motive was on the part of Gohar Ali. The learned Judge says, that he probably had a grudge against the naib, the deceased man. it is quite possible he may have heard that the naib had provided the Police officer with information and materials which might have led to a prosecution against Gohar Ali, under Section 1 0 of the Criminal Procedure Code; it is quite possible that in a small village like this, the fact of the naib having given such information might easily become public property and may have come to the ears of Gohar Ali as well as to the ears of other people. But as I have said before, in the circumstances of this case, we do not think it is necessary for us to come to any definite conclusion as to what the motive was which actuated Gohar Ali in committing this murder.