KITABDI Vs. EMPEROR

JUDGEMENT

(1.) In this case the appellant has been convicted of an offence under Section 147, I.P.C., and also of an offence under Section 304 read with Section 149, I. P.C. He has been sentenced to two years rigorous imprisonment on the charge under Section 147 and to further two years rigorous imprisonment on the charge under Section 304 read with Section 149, The sentences are to run consecutively,

(2.) The outline of the prosecution case is that, on 3 April 1927, one Naibali was returning to his house with certain companions, that they passed the house of one Answar and that, when they reached the houses of Answar and Nasar, Nasar called out: "Here is Naibali, come Samser and catch him." On that, Answar and Nasar ran out and other people joined Nasar and pursued Naibali. Naibali appears to have been pursued by as many as five, all of them armed in one way or another. The prosecution story is that the accused Kitabdi, the appellant before us, came from the opposite direction, and as Naibali ran stopped him and seized him by the right hand. His pursuers came up and one of them struck him with a cheni dao on the left side of the neck from behind. The accused Kitabdi was still catching hold of Naibali whan, the blow was struck. In this way Naibali dropped dead on the spot and his assailants absconded in different directions.

(3.) In this appeal one or two points have-been made on behalf of the appellant as regards the charge given to the jury. It is complained that the learned Judge has not sufficiently remarked upon the circumstance that there was some evidence that the witnesses were hostile to the accused and upon the circumstance that the witnesses who ware mentioned in the first information report had not been called. Upon an examination of the charge however it does not appear to me that there is any substance in these objections and that the charge taken as a whole cannot be regarded as inadequate or incorrect.