WALLI MOHAMMAD Vs. KING

JUDGEMENT

(1.) In this case, their Lordships have already stated that they would humbly advise His Majesty that the verdict of murder recorded against the two appellants could not stand and that they should be acquitted of the charge made against them. At the same time, their Lordships indicated their intention to set out the grounds for tendering such advice. In fulfilment of which promise they now give their reasons.

(2.) The two appellants were jointly accused of murdering one Lachmi Prasad on 8 September 1945. Undoubtedly, Lachmi Prasad was murdered on that day, but the only direct evidence adduced by the prosecution against the prisoners was that contained in six statements made to the police by Walli Mohammad and six separate statements made by Ali. The statements were taken between the 9 and the 19th September and in those made by himself each of the accused gave contradictory accounts of his movements on the evening and night of the 8 and 9 September. Each began by denying any knowledge of the events leading to the crime or of the crime itself, but each at a later stage though denying any participation in it, admitted his own presence when it was committed and implicated his fellow prisoner amongst others. Both expressed their repugnance to the violent act, their horror at its commission, and its unexpectedness. Neither however went into the witness box or made any statement from the dock except a denial of his participation in the murder and the case against the prisoners therefore rests upon the evidence contained in and inferences to be drawn from their several statements. It has to be borne in mind that the statements of each of the accused men to the police are inadmissible against his fellow prisoner. Accordingly, the question for their Lordships' determination is whether a deduction of guilt can legitimately be drawn in the case of either of the accused from the contents of his own statements.

(3.) Two further circumstances must be referred to :