CHANDAN Vs. EMPEROR

JUDGEMENT

(1.) The three appellants in this case, Chandan, Udai Singh and Bansi, all brothers, have been convicted in the Court of the Sessions Judge of Muttra on charges under Section 325, Indian Penal Code and have been sentenced each to seven years rigorous imprisonment and fine.

(2.) The accused were committed for trial on a charge under Section 304 and, in my opinion, they ought to have been convicted on this charge and not under Section 325.

(3.) The case against the accused was that on the 18 of September 1925 they joined in attacking one Kalla jat with lathis with the result that Kalla received injuries which caused his death on the following day. The medical evidence shows that death was caused by fracture of the skull.