LAWS(PVC)-1947-12-39

JAGMAL Vs. EMPEROR

Decided On December 02, 1947
JAGMAL Appellant
V/S
EMPEROR Respondents

JUDGEMENT

(1.) Shyam Lal Kandhera, Har Swarup Barber and Jagmal Gujar were placed on their trial for the murder of a sweeper Ramdin on the night "between 25 and 26 October 1946. Shyamlal and Jagmal are residents of Mauza Boraki, whereas Har Swarup resides in Mauza Datauli, but all within the police station of Dadri, in the district of Bulandshahr.

(2.) The story for the prosecution is briefly this: Ramdin was induced to go to Shahdara for the purchase of a buffalo. He was accompanied by Jagmal. They missed the train at Chhauli and returned to their houses. Both of them again went to Shahdara and stayed there the whole day. After sunset, at about 8 P.M., they returned on a bus to the village. They actually alighted at Dadri and took a foot path. They met Tula of Kathera near the culvert of Mauza Palla. As they reached the bank of a canal, Shyamlal Kandhera and Har Swarup Barber both met them. There was some talk between them. Ramdin was ahead of them. Shyam Lal and Har Swarup, who were in hiding and were armed with gandasa, seized upon the deceased. Then follow certain other details of the manner in which the deceased was done to death.

(3.) The incident was discovered at about 4 A.M.; in the morning and a report was made at the police station within two hours at about 6 A.M. Khacheru, son of Gallar, was the man, who under the directions of the Mukhia, went to the police station to lodge the first information report. It was mentioned that the deceased was Ramdin. It was also mentioned that he had with him Rs. 500, as he was going to Shahdara for the purchase of a she-buffalo. It was further mentioned that he was accompanied by Jagmal but beyond this, the first information report did not go.