KISHAN SINGH Vs. EMPEROR

JUDGEMENT

(1.) By His Majesty's Order in Council dated March 22, 1928, special leave to appeal against a judgment of the High Court of Judicature at Allahabad, dated October 31, 1927, was granted to the appellant.

(2.) On June 18, 1927, the appellant, Kishan Singh, was charged by a Magistrate of the First Class as follows : That you on or about March 20, 1927, at Bharthwa did commit murder by intentionally causing the death of Kuber Singh and Shoran Singh and thereby committed an offence punishable under Section 302 of the Indian Penal Code, and within the cognizanoe of the Court of Session. And I hereby direct that you be tried by the said Court on the said charge.

(3.) He was tried on the said charge by the Additional Sessions Judge of Aligarh, with the aid of four assessors, and on July 31, 1927, the learned Judge delivered his judgment. He recited the finding of the assessors as follows: All the assessors are unanimously of the opinion that the accused was guilty under Section 304, Indian Penal Code, and in their opinion the story about the rath was a false one and the accused had shot down Kuber Singh as he had seen him cohabiting with his own wife. They were also of opinion that both Shoran Singh and Kuber Singh were shot by Kiahan Singh with his gun and the gandam story was a got-up one and the gandasa was never used by the accused in order to kill Shoran Singh- They were also of the opinion that in the struggle which ensued between Kishan Singh and Shoran Singh the gun went off and shot Shoran Singh.