TMI Blog1951 (5) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... de to run concurrently. The appellants have come up before this Court on special leave. Abdul Hai Khan, the other accused died in jail earlier. 2. The case for the prosecution shortly stated is this, Sikandar Khan, his son, Amanat Ullah Khan (P. W. 1), and syce Muneshwar Chamar (P. W. 7) left their village, Mania, at about 10:45 A. M. on 21.12.1947 to go to Dildarnagar to catch a train for Ghazipur, where they had to be present in connection with certain criminal proceedings arising out of the murder of one Munir Khan. They were joined on the way by Sitar Khan and Altaf Khan of the same village, who were going to Usia on their own business. Sikandar Khan was riding a horse. At about 12 noon when the party reached a place in the foot-path ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh Court discussed the evidence in great detail. In their view, the four eye witnesses were speaking to facts which they saw and there was no reason for disbelieving them. So, they set aside the acquittal, held the accused guilty of rioting with deadly weapons and the murder of Sikandar Khan, and imposed on them the sentences already referred to. Abdul Hai Khan, the third accused, has not for some reason preferred any appeal. 3. Even in appeals against acquittals, the powers of the High Court are as wide as in appeals from conviction. But there are two points to be borne in mind in this connection. One is that in an appeal from an acquittal, the presumption of innocence of the accused continues right up to the end; the second is that gre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n's death, P. W. 1 has become the leader of the party. Sitare Khan and Altaf Khan belong to his party. The accused belong to the opposite party and are related to each other. The first three are sons of sisters; the absconding accused, Jannat Khan, is the nephew of the first accused. There were previous criminal proceedings in which three of the present appellants figured as accused for causing injuries to Sikandar Khan. The open hostility between the two parties is as much a ground of motive for the murder as it is for the fabrication of a false case against the enemies. It is in this set up or with this background that we have to approach this case. 5. A few facts stand out prominently as circumstances that may be said to tilt the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hem not to come near and told them that if we proceeded further, he would shoot us . It may be that afraid of the gun and of a probable attack against themselves, the four men did nothing to prevent the occurrence. But it is somewhat difficult to believe that Jannat would have allowed them to stay there and have a full view of the murder. Again, as pointed out by the Sessions Judge, it is difficult to accept the story that Sitare Khan and Altaf Khan left the scene of occurrence as soon as some people came from Mania, and were not available for being examined by the police officer who came to the place at about 5 p. m. Men from the village might have come, but there was absolutely no reason why these two persons made themselves scarce. It a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on Master's evidence that Amanat Ullah Khan came to him at 2-15 p. m. The use of the word 'mulzin' in singular is got over by the explanation that Amanat Ullah Khan is a semiliterate person who cannot write with ease. But the cardinal point of importance in this case that the names of the accused were not given in the telegram (EX. P-1) is not met by the High Court, except by the suggestion that a man might well hesitate for obvious reasons to give out names in a telegram which can be read by anybody, for one would have expected a person like Amanat Ullah Khan, who had just witnessed a fatal assault on his father by five armed men, to give out the names of the assailants forthwith, had he seen them. The betel-seller, Baij Nath, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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