KUNWARPAL SINGH Vs. EMPEROR

JUDGEMENT

(1.) Kunwarpal Singh, Thakur, resident of Nagla Biri, and Baji Lal, Ahir, resident of Khatoamai, appeal against their conviction and sentence of death under Section 302, Indian Penal Code. The usual reference for the confirmation of the death sentence is also before us.

(2.) One Bhopal was also tried along with the appellants. He was acquitted by the learned Sessions Judge. Two other persons, namely Kishanpal Singh, Thakur of Nagla Biri and Ram Singh, Thakur of Agra district are also alleged to have taken part in this incident. They were absconding when the first three persona were challaned. It appears from the judgment of the learned Sessions Judge that Ram Singh had been subsequently arrested and was committed for trial to the Sessions Court shortly before the commencement of the trial against the appellants. He was not tried jointly with the appellants as his counsel thought have not possible to secure the attendance of defence witnesses. We understand that Ram Singh has again absconded subsequently. We refer to this fact for two reasons. The learned Sessions Judge could have profitably adjourned the trial against the appellants for such time as would have made it possible for Ram Singh's defence witnesses to appear. Delay of about a fortnight might have been caused, but it would have avoided a separate trial with the remote possibility of different opinions being expressed by the trial Court and the appellate Court in the two cases. Secondly, there may have been justification for allowing bail to the accused persons in this murder case, but it would have been more prudent if the bail of the various persons had been cancelled after the learned Judge had formed the Opinion that the evidence in the case was reliable and was, therefore, likely to end in the conviction of the accused. If this course had been adopted, Ram Singh might not have been able to abscond. It appears that knowing the fate of the accused in the case under appeal he thought it better to abscond.

(3.) Megh Singh deceased and Girwar Singh deceased were two brothers. They were Thakurs and were residents of village Nagla Biri. On the night between 14th and 15 December 1945 they were attacked by some persons and as a result of the injuries received Megh Singh died on the spot and Girwar Singh died after about 28 hours.