V.D. Bhargava, J. - (1.) THIS is a reference under Section 307, Code of Criminal Procedure. The trial was held with the aid of five jurors. Three of them were of opinion that the accused was guilty, while the other two held the opposite view and gave their verdict that the accused was not guilty. The Second Additional Sessions Judge, Allahabad was of opinion that there were grave doubts, and circumstances were such that the verdict was perverse and, therefore, he has referred this case under Section 307, Code of Criminal Procedure with the recommendation that the accused be acquitted.
(2.) TWELVE persons, Chhanga Singh, Sheo Pratap Singh, Sobnath Singh, Ram Kailash, Deo Dat, Barma Din, Baijnath, Mashuq Khan, Sridhar, Raj Karan, (sic) and Mahadeo, were charged under Sections 147, 323 read with Section 149, 325 read with Section 149 and 307 read with Section 149, I.P.C. They pleaded not guilty to the charges levelled against them. The prosecution story, in brief, is that Sonai Singh and Jaikaran Singh lived in adjoining houses in village Rathaiyan, police station Sarai Inayat, Tehsil Phulpur district Allahabad. On the 3rd August 1950 two girls of the family of Sonai Singh, viz., Kalaa and Jagannathi together with Raghu Raj Singh, nephew of Jai Karan, had gone to the School. While they were returning at about 11 a. m. and came to the Muslim Tola near the house of one Rafi they started quarrelling among themselves. Sonai Singh happened to pass at that time that way, while going to his field. He saw the three children quarrelling and abusing each other. He scolded Raghuraj Sngh and told them not to quarrel and to go home. Raghuraj Singh went to his house weeping. Sonai Singh returned at about 2 p.m. and was sitting on the chabutra at his door. Jai Karan Singh along with the accused of the case were sitting in the usara of Jai Karan Singh and all of them were armed with lathis. It is admitted that the custom of the villagers is to go about with lathis. The house of Jai Karan Singh is on the west of the house of Sonai Singh and there is a chabutra and a drain between the two houses, the chabutra of Sonai Singh being to the west of the house. Sonai Singh never suspected that these people would make an attack on him and, therefore, he remained sitting, but actually, the prosecution story is that Jai Karan Singh came to the darwaza of Sonai Singh and began to beat him with lathis and he was struck on the head, back etc. and injured. He raised an alarm and also took his lathi and began to ply it to ward off the blows in order to save himself. On hearing the alarm Borai Singh came to the spot and told the accused not to invade at the door of another person and do martpit and asked them to go back to their houses. It may be noted that Borai Singh was the Sabhapati of the village. Thereupon, it is stated, Jai Karan Singh said, Beat the sela also. He is a partisan of Sonai Singh and is a Sabhapati.
(3.) THEREUPON some of the accused began to beat Borai Singh also while the others continued beating Sonai Singh. Both Sonai Singh and Borai Singh also plied lathis in self defence. On the one side, there were about 15 people and on the other side there were these two only. Later on Hiramani, Ram Pratap alias Gopali, and Anant Bahadur alias Bala also came to the spot and they began to fight the assailants with lathis in order to save Borai Singh and nonai Singh. Hiramani and Ram Pratap were also injured during the fight. Thereafter, witnesses came to the spot and were watching. In the meantime, it was given out that Borai Singh was dead and all the assailants ran away. Jai Karan Singh was also injured. Among the assailants Sitla Baksh and Sobnath were injured. Hiramani and Ram Pratap carried Borai Singh to his house and Sonai Singh's aunt and Anant Bahadur carried Sonai Singh to his house. The report of this incident of the 3rd August was lodged at the police station on the 5th at 6.15 p.m. The police station is only four miles from the village where this incident took place. The reason for the delay in lodging the report is that Sonai Singh was in agony due to the injuries and there was nobody available, as the men of the village had run away. There was another report lodged by the accused Sheo Pratap Singh; it was lodged on the 3rd August 1951.;