Judgment

RAGHUBAR DAYAL, J. : Banwari and Ram Charan appeal, by special leave, against the order of the Allahabad High Court dismissing their appeal and confirming their conviction by the II Additional Sessions Judge, Etawah, Banwari was convicted of the offences under S. 302, I. P.C., for committing the murder of Lakhan Singh and Bhagwan Singh and also for an offence under S. 307, I. P.C., for having attempted to commit the murder of Babu Singh. Ram Charan was convicted of the same three offences read with S. 34, I. P. C.

2. The facts leading to the appeal are these. Banwari, a Lodh by caste, and Ram Charan, armed with a gun and axe respectively, passed the field of Lakhan Singh. Lakhan Singh asked Banwari as to where he was going. Banwari replied that he was going for shooting birds. Lakhan Singh turned back. Banwari fired two shots at Lakhan Singh. Lakhan Singh fell down and died.

3. Banwari and Ram Charan, thereafter, proceeded southwards and at a distance of about six or seven furlongs, met Bhagwan Singh, who was grazing his cattle. Bhagwan Singh questioned Banwari as to where he was going. Banwari said he was going to shoot crocodiles in the river. Bhagwan Singh said there were no crocodiles in the river and asked Banwari to go back and look to his work. When Bhagwan Singh turned towards south, Banwari fired a shot at him. Bhagwan Singh sat down. Banwari again fired a shot at him. He further fired two more shots. Bhagwan Singh died.

4. The village people pursued the two appellants and Banwari fired at them. He fired at Babu Singh, but hit Narayan Singh.

5. One report was lodged at the Police Station with respect to these incidents. The police, after enquiry, sent up three charge-sheets under S. 173, Criminal P. C. The Magistrate registered three cases, one with respect to the murder of Lakhan Singh another with respect to the murder of Bhagwan Singh and the third with respect to the offence under S. 307, Penal Code for shooting at Babu Singh and Narayan Singh. Ultimately he committed both the accused for trial to the Sessions Court in each of the cases. Sessions Trials Nos. 34, 37 and 38 of 1960 were registered on the basis of those three committal orders.

6. In the case with respect to the murder of Lakhan Singh, the Magistrate framed one charge under S. 302, Penal Code, against Banwari and another charge against Ram Charan for an offence under S. 302, read with S. 34, Penal Code.

7. In the proceedings with respect to the murder of Bhagwan Singh, he framed one charge against both the accused Banwari and Ram Charan, for an offence under S. 302 read with S. 34, Penal Code.

8. Lastly, in the proceedings under S. 307, Penal Code he again framed a common charge against both the accused for an offence under S. 307 read with S. 34, Penal Code.

9. At the commencement of the hearing of the Sessions Trial No. 34 of 1960 on July 18 1960, on which date presumably the other two Sessions Trials were also fixed for hearing, the learned Sessions Judge framed certain charges describing them as amended charges. In Sessions Trial No. 34 of 1960, he framed a charge against Banwari and Ram Charan for an offence under S. 302 read with S. 34, Penal Code with respect to the murder of Lakhan Singh. In Sessions Trial No. 37 of 1960, he framed an amended charge against Banwari under S. 302, Penal Code for his committing the murder of Bhagwan Singh, in Sesssions Trial No. 38 of 1960 he framed an amended charge against Banwari of an offence under S. 307, Penal Code for having shot at Babu Singh and Narayan Singh with such intention and knowledge and in such circumstances that if by that act he had caused the death he would have been guilty of murder. He read over and explained the amended charges to the accused.

10. In the proceedings of the Court dated July 18, 1960, the learned Sessions Judge noted :

"The amended charge was read out in Court and explained to the prisoner (S. 271, Criminal P. C.) who pleads not guilty.

The S. T. 37/60 and 38/60 are consolid