FAUJA ALIAS FAIZ MOHAMMAD Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal by one Faiz Mohammad, alias Fauja, who has been convicted by the Court of Session sitting at Hamirpur on a charge of murder and sentenced to death. The record is also before us for confirmation of the sentence of death. We are driven to the conclusion that the charge as framed contravenes the provisions of sections 233 and 234 of the Criminal Procedure Code and is not justified by the provisions of Section 235 of the same Code.

(2.) Broadly speaking, the case for the prosecution was that five persons were murdered, three in the course of the forenoon of the 2nd of June 1918 in the neighbourhood of the village called Bara and two others at a village called Srinagar on the afternoon of the same day.

(3.) The triple murder and the double murder were not so connected together as to represent a series of acts forming the same transaction, so that the provisions of Section 235 of the Criminal Procedure Code do not apply.