SANTASING MUSTAFA SINGH Vs. CROWN

JUDGEMENT

(1.) The appellant Santasingh, who was prosecuted Under Section 307, Indian Penal Code, for having stabbed Prannath (P.W. 6) in the loin with his sword on the night of the 17 December 1947 at Jubbulpore, was tried by the Sessions Judge, Jubbulpore, with a jury; and after they had been charged by him, they returned a majority verdict of guilty against the appellant. After the verdict, the defence raised the contention that as the offence of attempted murder was punishable with death in the Jubbulpore district, in virtue of Section 16, Central Provinces and Berar Publio Safety Act, 1944, the trial should have been held with the aid of assessors. The Sessions Judge held, however, that the trial by jury was a valid trial and that it was not necessary foe him to disagree with the verdict of the jury and to submit the case to this Court. He accordingly convicted and sentenced the appellant to undergo 5 years rigorous imprisonment Under Section 807, Indian Penal Code.

(2.) The appellant, who is a motor engineer and 86 years of age, lives in Gorakhpur Mohalla. Jubbulpore, and not far from this reside Prannath (p. W fi) and his friend Kisanlal (P.W. 6), At some distance from their houses, there is the pan Bhop of Gulab who was not examined; and Prannath, Kiaanlal and Ramprakash (P.W. 1), their friends were in the habit of visiting it from time to time every week. On or about the 14 December 1947 when Prannath, Kisan and Ramprakash were sitting in the shop, the appellant came there in a state of intoxication and Kisanlal made fun of him.

(3.) On the night of 17 December 1947, when the three friends were on their way from the shop to Prannath's house, the appellant, who waa carrying a sword, rushed out and attacked Prannath with it. Thereafter, Prannath waa taken in a rickshaw to his house; and Kisanlal made the report Ex. p 3 at 8-45 p. m, at tbe Gorakhpur police station. Prannath was taken to the Combined Military Hospital and at 9 p. m, Ramprakash made the report Ex. P-l to Beniram (P.W. 3), Sub-Inspector, Gorakhpur police-station.