Debabrata Mookerjee, J. - (1.) This is an appeal by the State Government from an order of acquittal based upon a jury's verdict. The trial was held by an Additional Sessions Judge, 24-Parganas sitting with a jury who by a bare majority (5:4) found In favour of the respondents Ram Ajodhya Singh and Sitaram Singh who had been charged for the murder of a man named Chandraket Singh. The learned Judge accepted the verdict and acquitted the respondents. Hence this appeal.
(2.) After the appeal was admitted, the usual notices were directed to be issued and the respondents were ordered to be rearrested and released on bail. Respondent Ram Ajodhya Singh was served and has appeared through counsel to appose the appeal; but respondent Sitaram Singh could not be served despite the issue of proclamation and attachment failing execution of a warrant of arrest against him. He continued to be unserved when this Court directed the appeal against respondent Ram Ajodhya Singh to be made ready and heard, even if the notice of appeal and other processes on the other respondent remained unserved and unexecuted. We have, accordingly, before us the appeal against respondent Ram Ajodhya Singh alone. References to respondent Sitaram Singh cannot be avoided without truncating the case as a whole and making it nearly unintelligible, seeing that the appeal against Ram Ajodhya undoubtedly involves consideration of facts affecting Sitaram Singh. But our conclusions will not affect consideration of the appeal against Sitaram Singh if and when it comes to be heard.
(3.) Premises No. 93/3, Circular Garden Reach Road is a bustee in which there are a large number of tenements. The huts are reached by a narrow passage or Gulli which runs north to south and connects the Circular Garden Reach Road which runs east to west. The deceased Chandraket Singh was a lessee in respect of six rooms, two of which he kept in his own occupation where he lived with his wife and daughter. He had set up a straw-cutter electrically operated in one of the rooms, but the straw business could not be looked after by himself on account of a disability which had supervened. About two years before the date of occurrence he lost use of both hands which obliged him to make some arrangement about the straw cutting business with one Bhagwan Singh (P. W. 1) who came to occupy one of the rooms and to conduct the business on payment of a stipulated monthly sum to the deceased. Two rooms one on either side of the Gulli were sublet, to one Bis-wanath Gossain (P. W. 9). The room facing west was being used as a tea-shop by Biswanatb. Further down south another room was lot to a tailor. There were electric lights in the shop where Bhagwan carried the straw business as well as in the rooms in the occupation of the deceased. In front of the straw shop there used to be kept a cot on which the deceased would often rest.;